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HomeMy WebLinkAboutSommersby Subdivision No. 3 FPBEFORE THE MERIDIAN CITY COUNCIL C/C January 13, 2008 IN THE MATTER OF THE APPLICATION OF LIBERTY PARTNERS, INC. FOR FINAL PLAT APPROVAL OF 4 MULTI- FAMILY RESIDENTIAL BUILDING LOTS ON 0.26 ACRES IN AN R-15 ZONING DISTRICT LOCATED AT THE NORTHEAST CORNER OF W. PINE AVENUE AND N. TEN MILE ROAD IN THE SW 1/ OF THE NW 1/ OF SECTION 11, T. 3N., R.1W. CASE NO. FP-08-020 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 January 13, 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: January 13, 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 SOMMERSBY SUBDIVISION NO. 3 LOCATED AT THE NORTHEAST CORNER OF W. PINE AVENUE AND N. TEN MILE ROAD 1N THE SW '/ OF THE NW '/ OF SECTION 11, T.3N.,R.1.W ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO. 3 / (FP-08-020) Page 1 of 4 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 12/11/2008, SHEET 1 OF 2, D. TERRY PEUGH", LIBERTY PARTNERS, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 13, 2008, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIIZEMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the response letter from Becky McKay of Engineering Solutions, 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 January 13, 2008, meeting as follows, to-wit: 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 improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO. 3 / (FP-08-020) Page 2 of 4 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMNIERSBY SUBDIVISION NO. 3 / (FP-08-020) Page 3 of 4 By action of the City Council at its regular meeting held on the of F , 2009 M ~. .~` y '% Attest: ,~`~~` G~~~pRPOfi-~ ~, ~' /'''''- F ~ BEAL aycee Holman, City Cl ~'~ 1 9~_ T 18~ .2~.` Copy served upon Ap~t-i~~~~ J~nn~`~ City Attorney. T`t By: ~ ~~L By: ~~'~ ~~L~e~~~ Ta~J y e Weerd M,kyo , City of Meridian ~~ day Zoning Department, Public Works Department, and Dated: ~ ~ ~~~® ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO. 3 / (FP-08-020) Page 4 of 4 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP-08-020 Sommersby Subdivision No. 3 STAFF RECOMMENDATION Staff recommends approval of the Sommersby Subdivision No. 3 Final Plat with 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 SUIVIlVIARY & LOCATION The applicant, Liberty Partners, Inc., has applied for final plat approval of 4 residential building lots on 0.26 acres of land for Sommersby Subdivision No. 3. The proposed subdivision is zoned R-15 (Medium High-Density Residential District). The gross density is 12.87 dwelling units per acre and the net density is 14.33 dwelling units per acre. The City Council approved the preliminary plat for Sommersby Subdivision on January 18, 2005. The final plat for Sommersby Subdivision No.2 (FP-06-024) was approved by City Council on 6/6/2006. The entire preliminary plat consists of sixty-two (62) buildable lots and six (6) common other lots on 12.73 acres in an existing L-O and R-15 zones. A Conditional Use/Planned Development was also approved which allowed for reductions to the minimum requirements for street frontage to 0 feet on a public street; rear setbacks to 1 S feet for all perimeter lots except rear patios maybe allowed a 3 foot encroachment if necessary interior side setbacks to 5 feet per story and 0 feet for garages and attached units street side setbacks to 20 feet and fence setback from N. Gray Cloud Way to 10 feet. The requested fmal plat substantially complies with the approved preliminary plat. The preliminary plat showed this phase as consisting of 8multi-family units, 8 office lots and 2 common/other lots. Due to the change in market demand and cash flow availability for project services, the applicant has proposed to construct a portion of this phase. The proposed phase includes 4multi-family lots to be developed with an 8-plex unit on each lot. Amenities provided as part of the Sommersby planned development are not contained within this phase. Sommersby Subdivision is located on the northeast corner of W. Pine Avenue and N. Ten Mile Road in the SW % of the NW 1/0 of Section 11, T. 3N., R. 1 W. This property has not been previously platted. SITE SPECIFIC CONDTTION5 1. Applicant is to meet all terms of the approved development agreement (instrument # 105184653), amended development agreement (instrument # 108101151), preliminary plat (PP-04-035) and conditional use (CUP-04-040) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 1/26/2009 for the subject phase, or the applicant has not received time extension approval, the Preliminary Plat approval for this subject phase shall expire. Sommersby Sub 3 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. A Certificate of Zoning Compliance is required prior to issuance of a building permit for all multi-family units. (NOTE: A CZC application ~ include multiple/all multi-family units.) 5. Multi-family units shall be addressed off of N. Bluffwood Lane. 6. Provide a cross access and cross parking easement for all of the lots within the subdivision to use the drive aisles and parking on Lot 28 Block 1 as access to N Ten Mile Road and W Pine Avenue. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat. OR, a note shall be added to the face of the fmal plat granting said cross-access. 7. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, LLP, stamped on 12/11/08 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 10.) Include instrument number. 8. Lots 48-51 shall be recorded prior to issuance of occupancy for the first 8-plex building pursuant to the amended development agreement (instrument # 108101151). 9. Prior to occupancy of structures located on the 4 remaining preliminary plat lots the applicant shall gain approval of a final plat and record said plat. 10. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. 11. Prior to signature of the fmal 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. 1 Z. 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. 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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. Sommersby Sub 3 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. 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 limited to water, sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 5. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 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 fmal 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 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 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. 12. 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. 13. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 14. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 15. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. EXHIBITS Sommersby Sub 3 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat Exhibit A L-C~ 4~Hi~H r~uri~ gxn, . ~~' `~~-, ~~~ ~, ~ti ~` ~~ Sommersby Sub 3 FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Exhibit B - ~ ~ ~ ~z ~ s ': ~ W n .. a dn3k.*. fMCb buxe. xa~ 's ~ i... ^.~a' M .. ..... ..._ _.._. ... ... 3 ~' F-. ~: - - ~. -.. a.. .w .~ ..~ .. . ~ r~ ., ~:. ~..; ~.....~q~ _.. __ -+ti _~s _ _ _...... _-Y,~ ~ ~rt~ ~~ = __ y ~r -y 8 z - s-~- _ ~ ~ ~ ~.~,~ l~ i ~ ~ ~~ ", ~- ~ -_ ~ ~~ - ._ __. i' ,, E:~k -t ~~ ~ _ ~~ ~ i~ ~ ~ ~ ~ _.... ~, I ~ 7 s t s aeie,a.x•~+Ui' ~i~Tw _ ~ ~~~ ~ ~ '~ ~ ~ ~ j ~3 ~ ~_ ,. 3 ~ •~ r t '' ~ ~ - ~- ~ _- u~~.~ j ; ~ ~w _ h- ~.r; r ~ ~ ~ ~: ~~~~',_"`~ .- ~~ ~~ ~ ~ ~ .~. 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