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HomeMy WebLinkAboutSundial Subdivision No. 2 FP 08-009BEFORE THE MERIDIAN CITY COUNCIL C/C May 6, 2008 IN THE MATTER OF THE ) APPLICATION OF GEMSTAR ) PROPERTIES, FOR FINAL PLAT ) APPROVAL OF 2 SINGLE-FAMILY ) RESIDENTIAL AND 1 COMMON ) LOT IN AN R-4 ZONE LOCATED 1/3 ) OF A MILE WEST O'F N. LINDER ) ROAD AND APPROXIMATELY 1/4 ) OF A MILE SOUTH OF W. USTICK ) ROAD, SWl/ OF NE '/ OF T. 3N., ) R.1W., SECTION 2 ) CASE NO. FP-08-009 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This rnatter 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 Departrnent, 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 SiJNDIAL SUBDIVISION NO. 2 LOCATED IN THE SW'/ OF THE NE'/ OF SECTION 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 SLTNDIAL SUBDNISION NO. 2/(FP-08-009) Page 1 of 3 2008, SHEET 1 OF 2, MICHAEL E. MARKS", GEMSTAR PROPERTIES, Developer, is Condi~tionally Approved subject to those conditions of Staff comments as set~forth in the Mernorandum 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 Deparhnent, 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 3 pages, and by this reference incorporated herein, and the response letter from Scott Noriyuki of Gemstar Properties, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The finai 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. 2/(FP-08-009) 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 regular meeting held on the ~ day of , 2008. By: ~ ,,,~,,~„~~~~,,, Tamrnyde We d .•~`p~ '~%,~ Mayor, City Meridian Attest: '~~ ''~, ~' ' o % , ~" '' EAL = Jaycee olman, City Clerk : ~ ~' = r ;~/ ~ T'~ , Q``,~. .~. Copy served upon Applicant,''fi,}~ ~~1~~ I'~~rrient, Public Works Department, and City Attorney. ~~~''~~~~-~, ~ ~ ~ ~ ~ t,~~~~~``'. By~ Dated: 5- I q- Qg' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SLJNDIAL SUBDNIS'ION NO. 2/(FP-08-009) Page 3 of 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: May 6, 2008 E IDIAN~-- IDAHO 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. 2 Request for Final Plat Approval of Sundial Subdivision No. 2 Consisting of 2 Single-Family Residential Building Lots and 1 Common Lot on 2.94 Acres in an R-4 Zone, by Gemstar Properties. (File# FP-08-009). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, uniess expressly modified or deleted by motion of the Meridian City Cowncil: APPLICATION SUMMARY & LOCATION The applicant, Gemstar Properties, has applied for final plat approval of 2 single-family residential building lots and 1 common lot on 2.94 acres of land for Sundial Subdivision No. 2. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 0.6$ dwelling units per acre and the net density is 0.68 dwelling units per acre. Sundial Subdivision No. 2 is located approximately 1/3 of a mile west of N. Linder Road and approximately 1/4 of a mile south of W. iTstick Road, in the SW'/ 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 Subdivision #2. Staff recommends approval of Sundial Subdivision No. 2 with the comments and conditions stated in tlris report. SITE SPECIFIC CONDITIONS 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). FP-08-009 Sundial Subdivision No. 2 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS. DEPARTMENTS STAFF REPORT 2. The Final Plat approval for this subject phase shall expire on 04/17/09, if the City Engineer's signature has not 6een obtained OR if it is not signed by the City Engineer within 18 months of phase 1 being signed by the City Engineer 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 subrnitted 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. 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 instalied prior to release of building pernuts for this subdivision. 6 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. Wlutney at (208)334-2190. 7 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. 8. The final plat prepared by Stanley Consultants, and dated 4/19/07, is approved with no changes. The landscape plan, prepared by The Land Group and dated 1/15/07, is approved with no changes. 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 prelirninary 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 imgation/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 constructecl, road FP-08-009 S.undial Subdivision No. 2 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT base approved by ~the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pernuts. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, arnenities, 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 nurseryrnan responsible for the landscape plan upon completion of the landscape instaliation. 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. Compaction test results rnust 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 Pernutting 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, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMIVIENDATION Staff recommends approval of the final plat for Sundial Subdivision No. 2(FP-08-009) with the above stated conditions.. FP-08-009 Sundial Subdivision No. 2 FP.doc PAGE 3