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HomeMy WebLinkAboutSundial Subdivision No. 1b FP 08-008BEFORE THE MERIDIAN CITY COUNCIL GC May 6, 2008 IN THE MATTER OF THE APPLICATION OF GEMSTAR PROPERTIES, FOR FINAL PLAT APPROVAL OF` 26 SINGLE-FAMILY RESIDENTIAL AND 3 COMMON LOTS IN AN R-4 ZONE LOCATED 1/3 OF A MILE WEST OF N. LINDER ROAD AND APPROXIMATELY 1/4 OF A MILE SOUTH OF W. USTICK ROAD, SW'/ OF NE 1/ OF T. 3N., R.1W., SECTION 2 CASE NO. FP-OS-008 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 Aprill, 2008, 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: May 6, 2008, 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 SLTNDIAL SUBDNISION NO. lb LOCATED 1N THE SW '/ OF THE NE '/ OF SBCTION 2, T.3.N, R.1.W BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: April 18, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SiJBDIVISION NO. lb /(FP-08-008) Page 1 of 3 2008, SHEET 1 OF 2, MICHAEL E. MARKS", GEMSTAR PROPERTIES, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the 1Vlernorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 6, 2008, listing 11 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 4 pages, and by this reference incorporated herein, and the response letter from Scott Noriyuki of Gemstar Properties, a trwe and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 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 irnprovements. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDNISION NO. lb /(FP-08-008) Page 2 of 3 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 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 regalar meeting held on the ~~ day of ~ , 2008. ~ By: ` ~~~C=~~ \,1~~~~~uu~i~~r~~~~~~~ Tammy de We ~,•~` ,~ O~ '~.,~ 1Vlayor, Cit f Meridian Attest: City Copy servecl upon Attorney. ~~ ~'~ ~~'. :` ~ ~. ~ ~~ o ; B~AL = ; . ~ 9 ~ ~~ , -,~~ Q_ r ~~ , ~`~~. ic ~~ai4t,~t~~~i~~~~partment, ~~'`'~~+~~-~ ~„~+~~``~~~ By Dated: City Clerk's Office Public Works Department, and City 5-1°I-0~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SiJNDIAL SUBDIVISION NO. lb /(FP-08-008) Page 3 of 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT; Hearing Date: May 6, 2008 , Cr~~~'E IDIAN~-- 1-DAHO TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Sundial Subdivision No. lb Request for Final Plat Approval of Sundial Subdivision No. lb Consisting of 26 Single-Family Residential Building Lots and 3 Common Lots on 7.70 Acres in an R-4 Zone, by Gemstar Properties. (File# FP-08-008). We have reviewed this subrnittal and offer the following comments and conditions of the applicant. These cond'itions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUlVIMARY & LOCATION The applicant, Gemstar Properties, has applied for final plat approval of 26 single-family residential building lots and 3 common lots on 7.70 acres of land for Sundial Subdivision No. lb. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 3.41 dwelling units per acre and the net density is 4.23 dwelling units per acre. Sundial Subdivision No. lb 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'/o 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 final plat substantially complies with the approved preliminary plat. The applicant had submitted and received approval on a final plat for Sundial Subdivision on August 14, 2007. As part of a condition of approval of the preliminary plat, ACHD required the applicant to construct a T-type intersection; stubbing W. Whitelaw Drive into the second phase of the development rather than the cul- de-sac that was already designed. The applicant has had to redesign the previously approved final plat into two phases, and has an application in process to vacate a portion of the existing right-of-way platted along W. Whitelaw Drive with Turtle Creek Subdivisiom #2. Staff recommends approval of Sundial Subdivision No. lb with the comments and condiNons stated in tlus report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved S'undial Subdivision preliminary plat (PP-06-060), as well as the Cairns Property annexation and development agreement (Inst. No. 94108841). The Final Plat approval for this subject phase shall expire on 04/17/09, if the City Engineer's signature has not been obtained. FP-08-008 Sundial Subdivision No. lb FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. 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 a pre-construction meeting. 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. 5. 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 Yo 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. 7 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. ' 9. The landscape plan, prepared by The Land Group and dated 4/17/08, shall be revised as follows: a. Revise to reflect Lots 20 and 22, Block 2 to be in Phase Two of Sundial Subdivision. b. Revise the calculations table to accurately depict site area and open space. 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 storrnwater detention facilities incorporated into the approved open space are subject to iJIDC 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 preluninary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staf£ 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 FP-08-008 Sundial Subdivision No. lb FP.doc PAGE 2 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. 10. 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. 11. 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 urigation 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 Departrnent 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 pernuts. 3. A letter of credit or cash surety in the arnount 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. 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. 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. 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 Permitting that rnay 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 Axnericans with Disabilities Act and the Fair Housing Act. FP-08-008 Sundial Subdivision No. lb FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 prelirninary 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, rnay 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 Sundial Subdivision No. lb (FP-08-008) with the above stated conditions. FP-08-008 Sundial Subdivision No. lb FP.doc PAGE 4 .lennifer Veatcli ~Froin: Scott Ncriyuki (scoit@tfiegemsiar:oom]. Sent: We~ngs¢ay, April 30; 2.008 iD;33 AM To: clertc•.JennifexVeatch Subject:' Sundial Sub #7 and #2 Final Ptai Staff Reports Jennife~- i,n regards:fo-the-Sundial Sub #!1 and #2 Ftnat piat.Staff`Reports, Gemstar Properties LLC has reviewed and agrees with StafYs re,port/recommendations.'I have .contacted-the Landgroup Inc. the,make the requested changes to the. landscape Pla.ns. Aithough no"t required, I,expect.these changes to be complete prior to•our May 6~h, 2008 Pubiic H. ea,ring: 7hank you a~d feel free to call anYCime aifth questions. Scott Noriyuki GemStor P~opetieS 7385 8ridyewoyPloce. 3ulte 3Q0- €agle; lrlaho 83626 Of~ke. (z08J, 939-1852 Fax (208) 939<7851 Cerl(208f 230-2202, SJ~/~Ob~ .lennifer Veatcli Froiri: SGOtt Noriyuki (seott@Uiegemstar.comJ Sent: Wednesday, Aprih30, 200810;33AM To: ~ cierk; Jenn'rfer Veatch 'SubJect: Sundial Sub #1 apd #2 Final Pfat Staff Reports Jennifer- I,n:rega~ds~fothe.Sundiaf Su6 #1 and.#2 FtnatPlat Staff`Reports, Gemstar PcopQrties l1Z has reviewed and agrees wifh StafYs 'rep,ott/recommendations. ! have contacied fhe Landgroup Inc. the,make the r~quested chan~es to th.e landscape Pl~ns. Although not requiced, I expectthese changes to be.-compl0te prior to our May 6~h, 2008 Public.Nearing: 1`hank you.a~d feel free to call anytime wittl quest',ons. Scott Noriyuki •GemSlcr'Propetres• :738 S: 8iidgew'oy.Place =3u1te ~300- •fogle; Idoho 836'2'6 ,Ofjlice. (,208).939~1892 fax (2081939-185_I Cell (208f 230-I202. s~~~~oa~