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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H£AR1NG DATE OF APRIL I5, 2008 STAFF REPORT HEARING DATE: April 15, 2008 Augu TO: Mayor and City Council ~ FROM: ~ Sonya Watters, Associate City Planner E IDIAN~-- (208) 884-5533 DA~HO SUBJECT: Umbria (aka Silver Oaks) • TE-08-003 Request for an eighteen month time extension to record the final plat and commence the conditional use approved for Umbria Subdivision. 1. APPLICATION SUMMARY The applicant, Ten Mile Development, LLC, has requested approval of an eighteen month time extension to record the final plat and commence the conditional use approved for Umbria Subdivision. The subject property is located on the north side of W. Franklin Road, approximately'/ mile west of N. Ten Mile Road. The approved final plat consists of one multi-family residential building lot, one commercial building lot, and one Nampa Meridian Irrigation District lot for imgation purposes. The approved conditional use permit consists of a planned development for 70 multi-family structures on a single lot with a private clubhouse/park and multi-use pathways (zoned R-15), and commercial daycare/office buildings (zoned L-O). The preliminary plat (PP-OS-023) and conditional use permit (CUP-OS-024) were approved by City Council on 10/11/OS and if an administrative time extension had not been granted, would have expired on 4/11/07. (The final plat was approved by City Council on 3/21/06.) The Planning Director approved a 12 month time extension for the plat and conditional use permit on 3/2/07, which will expire on 4/11/08 unless the final plat is recorded or a time extension is approved by City Council. As a condition of granting the previous time extension (TE-07-004), the Director required the applicant to comply with four additional conditions of approval based on current UDC requirements that were not in effect at the time of original approval. In accordance with Unified Development Code 11-6B-7C, the Planning Department received a written request from the applicant on February 27, 2008 for an additional eighteen month extension for both the final plat recordation and commencement of the CUP. The applicant is requesting the extension because the developer went bankrupt after the first time extension was approved and the owner received the property back in foreclosure about two months ago. The owner needs additional time to find a buyer. For this reason, the applicant is unable to meet the time requirements specified in Unified Development Code (UDC 11-6B-7 and UDC 11-SB-6). With all extensions, the City may require compliance with the current provisions of the UDC as a condition for granting a time extension (UDC 11-6B-7C and UDC 11-SB-6F4). Staff believes that there are no additional conditions that should be added to those previously approved by the City Council with the final plat for this subdivision and the conditions added by staff with the previous time extension approved by the Duector on 3/2/07. 2. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7A, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11-SB-6F, a conditional user permit, when granted, shall be valid for a maximum period of eighteen months unless otherwise approved by the City. During this time, the applicant shall TE-08-003 Umbria TE.doc PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence the construction of permanent footings or structures on or in the ground. Further, for conditional use permits that also require platting, the final plat must be recorded within this eighteen month period. Per UDC 11-6B-7C and 11-SB-6F, upon written request and filing by the applicant prior to the termination of the period, the Director may authorize a single extension of time to record the final plat and commence the use approved by the CUP not to exceed eighteen months. Additional time extensions up to eighteen months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat and/or conditional use to comply with the current provisions of the UDC. 3. SUMMARY RECOMMENDATION Staff is recommending approval of the requested 18 month tune extension for the applicant to record the final plat and commence the use approved for Umbria Subdivision to expire on October 15, 2009. Staff further recommends that the applicant comply with all of the previous conditions of approval for AZ-OS-016, PP-05-023, CUP-OS-024, FP-06-011, PS-07-003, & TE-07-004, as a condition of the subject time extension approvals (see attached Exhibit D. 4. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-08- 003, as presented in the staff report for the hearing date of April 15, 2008.. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-08-003, as presented during the hearing on April 15, 2008, for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-08- 003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 5. EXHIBITS A. Vicinity Map B. Approved Prelinnary Plat C. Approved Site Plan D. Conditions of Approval 1. Annexation & Zoning Comments (AZ-OS-016) 2. Preliminary Plat Conditions of Approval (PP-OS-023) 3. Planned Unit Development Conditions of Approval (CUP-OS-024) 4. Final Plat Conditions of Approval (FP-06-011) 5. Time Extension Conditions of Approval (TE-07-004) 6. Private Street Conditions of Approval (PS-07-003) TE-08-003 Umbria TE.doc PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I5, 2008 Exhibit A -Vicinity Map TE-08-003 Umbria TE.doc PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 Exhibit B -Approved Preliminary Plat TE-08-003 Umbria TE.doc PAGE 4 Silver ®alc Subdivision PP-QS-023 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 Exhibit C -Approved Site Plan ~;~,~;~, ~~: g v~L;~ j SF6' Q ~ 2005 ~ "~„~.,, - ,~.• ., .~;,..- ,~t•x: iii; ~.i1':i~.~):':1 ~ a •'x~-.(;y . .... .. .. '~ :. , s.' SILVER OAKS SUBDIVISIO(V ~ -~ ~ `'` ~~~ ;~:.. huts Phfl6m+ornaKau?rt,a ®®.~`i•.,~~-~'4RY.~5~Io~.eC.!~__ mum.e... o5 acme rmm~ rm®mvm i rocs ~ . to ~°y°"+~rearY4R5.as TE-08-003 Umbria TE.doc PAGE 5 ~ttver VaK Jubdivision CUP-OS-024 Approved Site Plan, August 17, 2005 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 Exhibit D -Conditions of Approval 1. Annexation & Zoning Comments (AZ-OS-016) Silver Oalc Subdivision AZ-OS-016 Annexation and Zoning Comments ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (stamped by Hugh Edwards, PLS 3/14/05) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on tlus property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an atmexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of amnexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Narv, at 888-4433 to initiate this process The DA shall incorporate the following: • That the applicant will be responsible for all costs associated with the sewer and water main line extension from the sewer main offsite to the property boundaries. • That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That the applicant shall be responsible for all costs associated with piping the Kennedy Lateral, unless otherwise specifically waived by Nampa Meridian Irrigation District. • The applicant shall provide construction materials similar to wainscoting, brick, or cultured stone to provide architectural appeal to the front of the buildings. • The applicant shall provide additional modulation to the buildings to provide additional building relief. Silver Oak Subdivision Exhibit D TE-08-003 Umbria TE.doc PAGE 6 CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 2. Preliminary Plat Conditions of Approval (PP-OS-023) Silver Oalc Subdivision PP-OS-023 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC. CONDITIONS-PRELIMINARY PLAT 1. The preliminary plat prepared by ilisite Architects, dated June 22, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexatioi>/Zoning (AZ-OS-01.6) and Conditional Use Permit (CUP-OS-024) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-OS-023). 2. The submitted landscape plan prepared by South Archi ecture, Inc., dated 3-11-OS Tabled L1.0 is approved as submitted with changes. The following should be included in a revised landscape plan: o Depict and construct a 10-foot wide gravel shoulder on Franklin Road abutting tl~e site, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. o Depict and construct a 10-foot wide landscape strip along the local public street (Silver Oalcs Circle) between Lots l and 2 with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. Depict and construct a 20-foot wide landscape strip along the public collector street (Silver Oaks Drive) between Lotl and the property to the east with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stonnwater detention facilities incorporated into the required open space are subject to Ordinance 12-13- 14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. o Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent cumber of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Deparhnent. 3. Revise the preliminary plat and site plan to indicate the means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all private roads and off-street parking areas. Storm water Silvcr Oak Subdivision Exhibit E TE-08-003 Umbria TE.doc PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of St01'lll Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving steam provides written authorization prior to development plan approval. The applicant is responsible for filing all accessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. All irrigation ditches, iaterais or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Nampa and Meridian hY-igation .District. Plans will need to be approved by the appropriate iirigatiotl/drainage district, or lateral users association {ditch owners), with writtetl approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, altertlate plans will be reviewed and approved by the City Engineer prior to final plat signature. S. The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 6. A detailed fencing plan shall be submitted upon application of the final plat. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintetlatlce of ditches and waterways by Nampa Meridian Irrigatiotl District. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3-feet maximum withit120 feet of all rigllt- of-way. All fencing shall be installed in accordance with MCC 12-4-10. 7. Maintenance of all common areas shall be the responsibility of the Silver Oaks Homeowners' Association. 8. This proposed development is currently not serviceable by the City of Meridian's sewer system. This proposed development is master planned to sewer to the Black Cat Trunk via extensions of sewer main through Chesterfield Subdivision. Chesterfield is not currently under construction therefore proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does Silver Oak Subdivision Exhibit E TE-08-003 Umbria TE.doc PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 not guarantee sewer service within the development time limitations outlined in Meridian City Ordinance., The applicant shall be responsible to install sewer mains to and through this proposed development thereby making them available to neighbaring properties. The applicant shall coordinate main sizing and routing with City of Meridian Public Works Department, and execute City of Meridian's standard forms of easement for arty mains that at are required to provide service. The preliminary site plan shows the Black Cat trunk running 12-foot off of the eastern property boundary of this development. The master sewer plan, which Chesterfield. has complied with, shows this main 20-foot off of the property line. The applicant shall align the sewer trunk to conform to the master plan. All water and sewer mains that are not in the ACRD right-of--way shall be centered in a 20-foot wide easement. Said easement shall be free of any large landscaping or fixed vertical objects 10. Municipal water to this site shall be via extensions from existing mains in Franklin Road and future mains in the Chesterfield Development from the north. Applicant shall be responsible to construct water mains to and through this proposed development, thereby making them available to adjacent properties. 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 maims that are .required to provide service. 11. Other than the public street access approved by ACHD, direct lot access to Franklin Road is prohibited. A note shall be placed on the final plat restricting access to Franklin Road. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC l 1-12-3H. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. A letter of credit or cash surety in the arnourtt of 110% will be required for all fencing, landscaping, pressurized irigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Silver Oak Subdivision Exhibit E TE-08-003 Umbria TE.doc PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRFL 15, 2008 6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetli:glats will be required at locations designated by the Public Works .Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Fitaal design locations and quantity are determined after power designs are completed by Idaho Power Compatry. The street light contractor shall obtain design and permit from. the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed fiom 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 mitigated. 8. The applicant shall coordinate mailbox locations with the Meridian Post Office. 9. Any existing domestic wells and/or septic systems within this project will have to be removed fiom their domestic service per City Ordinance Section 9-]-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. 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. 11. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, p>ior to signature o.n the final plat per Resolution 02-374. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Envirorunental Protection Agency. 14. The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1.00-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall no exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space at•ea. The project engineer should pay close attention to the results of field Silver Oak Subdivision Exhibit E TE-08-003 Umbria TE.doc PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 studies determining the groundwater, soil type and characteristics during the design and construction phases. 16. The applicant's engineer shall be required to certify that the street centerline elevations are set a n~inimurn of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of crawlspaces is at least 1-foot above said elevation. 17. Staff's failure to cite specific ordinance provisions or teians of the approved anuexation/conditional use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. TE-08-003 Umbria TE.doc PAGE 11 CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HARING DATE OF APRIL 15, 2008 3. Planned Unit Development Conditions of Approval (CUP-OS-024) Silver Oak Subdivision CUP-OS-024 CUP/PD Site Specific and Standard Conditions SITE SPECLY~IC CONDITIONS-CONIDITIONAL USL PERMIT 1. The site plan prepared by Insite Architects, dated August 17, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexatioi~/Zoning (AZ-05-016) and Preliminary Plat (PP-OS-023) as a condition of the Conditional Use Permit (CUP-05-024). 2. The project shall confo~-~n to the respective R-15 and L-O dimensional standards, MCC I 1-9-1. Construction within Silver Oalcs Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 4. .Building materials shall include wainscoting, brick, or cultured stone materials for the building facades. 5. The buildings shall include more modulation to provide additional relief to the building layouts. 6. The applicant shall submit a detailed open space report to classify the open space being applied towards an amenity. .Landscaped open space means land exclusive of street rights-of--way and street buffers, except for right-of--way specifically dedicated for landscaping within a subdivision. Since all the open space is independent of lot lines the applicant shall substantially comply with the design as submitted, subject to the conditions of approval contained within this report. 7. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development. 8. Provide each multi-family dwelling unit with at least one hundred square feet of useable private open space. TE-08-003 Umbria TE.doc PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF APRIL I5, 2008 4. Final Plat Conditions of Approval (FP-06-011) SITE SPECIFIC REQUIItEMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP-OS-023), conditional use permit (CUP-OS-024) and development agreement (Inst. No. 106002636). 2. The applicant has indicated that the Nampa and Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Therefore, a letter of plan approval shall be submitted prior to scheduling of apre-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 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. 4. 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. 5. Sanitary sewer service to this site is being proposed via extensions of planned sewer mains from the north of this project. Currently this project is not sewerable, and the City of Meridian does not guarantee sewer service in the timelines outlined in the ilDC. 6. Applicant will be responsible to construct the sewer and water mains to and through this proposed development including the trunk main, thereby making them available to adjacent properties. 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. 7. To comply with the City of Meridian's to and through policy the applicant shall provide cash surety (cost of work plus 10%) to extend water main to center of Kennedy Lateral at westerly side of Silver Oaks Circle. Please submit bids for this work along with the surety prior to signature on the final plat. 8. The landscape plan, prepared by South Landscape Architecture and dated 02/24/06, is approved as submitted, however if Council waives the requirement of the Kennedy Lateral to be tiled the applicant shall revise the landscape plan to include landscaping in this area. Graphically depict the street buffer landscape easements adjacent to W. Silver Oaks Circle, S. Silver Oaks Drive, and W. Franklin Road on the face of the plat. 10. Revise or add the following note(s) on the face of the plat prepared by Idaho Survey Group, stamped on 02/02/06 by Patrick J. Scheffler, prior to signature of the final plat by the City Engineer: *.) Add a note, "Direct lot access to Franklin road isprohibited." *.) Add a note, "Maintenance of all conunon areas shall be the responsibility of the Homeowners' Association." *.) Add a note referencing the recorded Development Agreement and instrument TE-08-003 Umbria TE.doc PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TWE HEARING DATE OF APRIL 15, 2008 number. 11. Graphically depict the "Real Point of Beginning" on the face of the plat. 12. The recorded development agreement requires the applicant to the the Kennedy Lateral, however the construction plans do not show it being tiled. The applicant shall be required to pipe the Kennedy Lateral, unless specifically waived by City Council. 13. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C. 14, Operational Fire Hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 15. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 16. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 17. New construction within this development shall require Certificate of Zoning Compliance approval. 18. 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 prelinnary 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. 19. Complete the Certificate of Owners, including the book and page number of recorded data, and the accompanying acknowledgement. 20. Staff s failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItEMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can't be TE-08-003 Umbria TE.doc PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, 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. All development improvements, including but not linuted to water, sewer, fencing, micro-paths, pressurized irngation 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 per Resolution 02-374. 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. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backf`ill, 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. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per iJDC 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, may be considered for fmal approval without resubmission for preliminary plat approval per UDC 11-6B-7B. TE-08-003 Umbria TE.doc PAGE 15 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 15, 2008 5. Time Extension Conditions of Approval (TE-07-004) 1. Applicant is to meet all terms of the approved annexation (AZ-OS-016), development agreement (Inst. #106002636), preliminary plat (PP-OS-023), conditional use permit (CUP-OS-024), and final plat (FP-06-011) for this development (attached in Exhibits A and B). Further, the applicant shall comply with the elevations and site plan approved with CZC-06-046, subject to the changes listed herein. 2. The applicant shall provide two (2) parking spaces, per dwelling unit, that are in a carport or garage (see UDC 11-3C-6). 3. Per the Fire Marshal, the Applicant shall submit a Private Street application and fees to the Planning Department; obtain approval of the private street names from the Ada County street name committee; install private street signs at intersections throughout the development, at locations required by the Fire Marshal; and, post the private streets as fire lanes, as required by the Fire Marshal. 4. The Applicant shall have an additional 12 months, until April 11, 2008, to record the final plat, satisfy the applicable requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures. TE-08-003 Umbria TE.doc PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I5, 2008 6. Private Street Conditions of Approval (PS-07-003) 1. Obtain approval from the Ada County Street Narne Committee for a private street name(s); 2. Contact the Transportation Authority (ACRD) to install an approved street name signs that comply with the regulations of the Ada County Uniform Street Name Ordinance; 3. Create a perpetual ingress/egress easement or a single platted lot for the private streets to all applicable properties; and 4. Provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. TE-08-003 Umbria TE.doc PAGE 17 Iplljl�� II �,nnIIIIIIIII I, l� III I� 'gyp"'" of Nt!!)7 Nil 417;}I ..I-ral"flL.I,.I4r i(; pa I I14: Cit)( COun c ill I'ulllerrpbers;; Keith Blird RE CEIVEJoe Borten Charles Rountree MAR i 7 2008 David Zaremba GITY OF MERIDIAN CITY C! FRK nFf:l(- = TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: April 8, 2008 Transmittal Date: March 12, 2008 File No.: TE 08-003 Hearing Date: April 15, 2008 Request: Public Hearing -Approval of 18-month Time Extension to obtain City Engineer's signature on the Final Plat & commence the use in accordance w/ the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011 PS 07-003 & TE 07-004 for Umbria Subdivsion (aka Silver Oaks) By: Ten Mile Development, LLC Location of Property or Project: north Side of W. Franklin Road, approximately 1/4 mile west of N. Ten Mile Road Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 . www.meridiancity.org TE 08-003 Ten Mile Development Page 1 of 1 Machelle Hill From: Larry Strough [Larry. Strough @itd. ida ho. gov] Sent: Wednesday, March 19, 2008 8:55 AM To: shiffereb@meridiancity.org; Machelle Hill Cc: Phil Choate Subject: TE 08-003 Ten Mile Development Attachments: SKMBT C25008031908461.pdf We have no comment on the encolsed appliaction. Thank You «SKMBT C25008031908461.pdf>> REGEIVEJ) MAR 19 2008 CST)' OF MERIDIAN CITY CLERK OFFICE 3/19/2008