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Sundance Sub No 4 FP Order
BEFORE THE MERIDIAN CITY COUNCIL C/C 11/05/03 IN THE MATTER OF THE APPLICATION OF 5UNDANCE LIMITED COMPANY, LLC, FOR APPROVAL OF 48 BUILDING LOTS AND 9 OTHER LOTS ON 15.40 ACRES IN AN R-8 ZONE FOR SUNDANCE SUBDIVISION N0.4, LOCATED NORTH OF EAST USTICK ROAD AND EAST OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO CASE NO. FP-03-058 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on November 5, 2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: November 5, 2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Shari Stiles, commented at the hearing, 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 SUNDANCE SUBDIVISION N0.4, LOCATED INTHE SW'/4 OF SECTION 31, T.4N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, JOB N0.3051, SHEET 1 OF 2,1305113051-PLT.DWG 10/02/03 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-058) Page 1 of 6 BKB, HANDWRITTEN DATE: 10-8-03, STAMPED DATE: OCT 09 2003, SUNDANCE LIMITED COMPANY, L.L.C. -DEVELOPER, ENGINEERING SOLUTIONS LLP -IDAHO SURVEY GROUP", Sundance Limited Company, L.L.C., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: November 5, 2003, listing 16 SITE SPECIFIC COMMENTS/FINAL PLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the response letter from Becky McKay of Engineering Solutions, LLP dated October 31 ,2003, a true and correct copy of which is attached hereto as Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 5, 2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: That afire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. The roadways shall be built to Ada County Highway Standards with a 33' wide driving surface. UFC 902.2.1 4. All radii shall be 28' inside and 48' outside radius. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-058) Page 2 of 6 1.2 Comply with the conditions of the Nampa & Meridian Irrigation District as follows: The District requires that a Land Use Change Application be filed for its review prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. 5. If the development is planning an urban irrigation system that will be owned, operated and maintained by the Irrigation District, applicant shall coordinate with the District concerning the installation of the pressure system. 6. Fill out and return the questionnaire in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. 1.3 Comply with the conditions of the Central District Health Department as follows: The Central District Health Department 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 Welfaze, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy Swale prior to dischazge 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 storrnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-058) Page 3 of 6 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepazed 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. 1.4 Comply with the additional action of the City Council taken at their November 5, 2003 meeting as follows: 1. Staff is in agreement with the applicant with the following revisions to be made to numbers 10. and 14. under the Site Specific Comments to the staff report dated: Hearing Date: November 5, 2003, and said staff report on page 3 pertaining to numbers 10 and 14 of the Site Specific Comments shall now read as follows: SITE SPECIFIC COMMENTS/FINAL PLAT 10. Fencing is approved as submitted on the landscape plan (dated 9/22/03, L-2). Fencing is required along the eastern boundary adjacent to Lots 34 and 35, Block 9; no additional fencing is required along the west boundary of Lot 50. 14. Provide a copy of the encroachment agreement with Nampa-Meridian Irrigation District for Lots 36-39, Block 9. 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: The Plat dimensions aze 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-058) Page 4 of 6 guaranteeing the completion of off-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 maybe 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 Y 1,0Y~~kJ1 , 2003. B :/ ' ,A4a~er, City of Meridian ,~~~, ; c,~, ~~, ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT ! (FP-03-058) Page 5 of 6 Attest: `\```p~~y `QF IN uFA, ~~~~~0 ~ v'rCl,'9 '/~'', \~GORP~TFO SEAL "_ illiam G. Berg, Jr., City er - 9~ ~' c ~~ ,, .90 ~r sss • ~O ~r~i~r CO{JP9T`{+``\~~~``~ Copy served upon Applicant, the Planning and City Attorney. By: Department, Public Works Department, Z:1WorkHvllMeridianVMeridien I5360M~Swdance Sub No. 4 FP-03-0SS~OrderFP.doc OF AAE,~ ~~~''% `` G~ GpRPORgT '9~, `'. ~~ FO '-l3 ;~3 c r o~ 0 P~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-058) Page 6 of 6 HUB OF TREASURE VALLEY MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMB CITY- OF MERIDIAN (208) 466-9272 • Fax 466-0405 ERS PUBLIC WORKS Tammy deWeetd 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDLAIV, IDAHO 83642 (208) 898-5500 ~ Fax 887-1297 Cherie McCandless (208) 888.4433 ~ FAX (208) 887-0813 PLANNING AND ZONING William L.M. Nary City Clerk Office Fax (208) 888-0218 DEPARTMENT (208)884-5533 FAX 888-6854 STAFF REPORT: Hearing Date: November 5, 2'003 To: Mayor, City Council and Planning & Zoning Commission ~~~ ~ ~ ~ ~ V From: Sonya Allen, Planner I ~~ " ~ 2~3 OCT s , Bruce Freckleton, Senior Engineering Tech City Of Meridians. Re: Sundance Subdivision No. 4 Gity Clerk Office • Final Plat Approval of Forty-Eight (48) Single-Family Residential Building Lots, and Nine (9) Other Lots on 15.4 Acres in an R-8 (PD) Zone, by Sundance Limited Company, LLC (File No. FP-03-058). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Sundance Limited Company, LLC, has requested approval of the final plat for Sundance Subdivision No. 4, consisting of forty-eight (48) single-family building lots and nine (9) other lots on a 15.4 acre parcel of land located on the north side of Ustick Road, approximately ~ mile eaG of N. Meridian Road. This subdivision was approved with a Conditional Use PernTit for a Planned Development that allowed for office use as anon-conforming use in an R-8 zone. No other reductions or variances from the ordinance were approved. The proposed final plat substantially complies with the approved preliminary plat. A turn- around was added where E. Santiago Court turns into a private drive leading into the commercial area of the subdivision. ACHD requires there to be aturn-around at the end of a public street that is more than one lot depth or 150 feet in length. Also, the rear lot lines of Lots 34 & 35, Block 9 were extended approximately 60-feet across the Finch Sub-Drain. The reason for this change is that this section of the Finch Sub-Drain falls under private jurisdiction. The remainder of the Finch Sub-Drain is under the jurisdiction of the Nampa and Meridian Irrigation District and is within an easement on Lot 50, Block 9. Staff recommends approval of the final plat for the fourth phase of Sundance Subdivision with the comments and conditions stated in this report. Fri-ose ~~~ kJ t ~" `~7 ~" 1 V ~ / s~~s~uat~aaNO.a.Fr Planning & Zoning Commission/Mayor & City Council Hearing Date: November 5, 2003 Page 2 LOCATION The property is located on the north side of Ustick Road, approximately ~/n mile east of N. Meridian Road. SURROUNDING PROPERTTFS North: Sundance Place Subdivision zoned R-8. South: Bedford Place Subdivision (R-8) and rural residential properties zoned R-1 (Ada County). East: Rural residential, zoned R-1 (Ada County). West: Cedar Springs Subdivision, zoned R-4 and Meridian Settlers Park, zoned LrO. SITE SPECIFIC COMMENTS /FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-O1-015), conditional use pemrit (CUP-Ol-030) and Development Agreement (Inst. No. 102056126). 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District when details of a contractual agreement can be worked out between Settlers Irrigation District and the Nampa & Meridian Irrigation District. The pressurized irrigation system shall be treated as if it is a private system until such time that the NMID takes on the ownership and maintenance responsibilities. The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. If a creek 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 azeas prior to signature on the final plat by the Meridian City Engineer, 3. For clarification, please graphically depict 10-foot wide public utilities, drainage and irrigation easements along all rear lot lines that are not adjacent to the subdivision boundary. 4. Street signs aze to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Surety, per City Ordinance 12-5-3, will be required for all fencing, landscaping, pressurized imgarion, sanitary sewer, water, etc, prior to signature on the final plat. 5. Sanitary sewer service and municipal water to this site shall be via extensions from FP-03-058 1~ {1 ~yy~ ~^/ LAW ~I ~,f / ` !r( ~I' C,/~ Q~ ~SundmceSuAdivisionNo 9FP Planning & Zoning Commission/Mayor & City Council Hearing Date: November 5, 2003 Page 3 existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and 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 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. 7. All drainage azeas (detenfion/retention basins) must be designed to ensure that water will percolate or dischazge within a period of time not to exceed 24 hours for all storms up to and including a 100-yeaz storm event. Side slopes within drainage areas shall not exceed 3:1. 8. Revise the landscape plan to include landscaping within the Ustick Road right-of--way per MCC 12-13-10-9. A license agreement may be required between the property owner and ACHD. 9. ~ Add or revise the following note(s) on the face of the plat: ~Q~~© (8.) Delete note regarding minimum house size (no longer required), ~~~ ~~t,®~6 }~ Fencing is approved as subnutted on the landscape plan (dated 9/22/03, L-2). ~_~Rl C~~ y ~5`''~ o Lot ' ~~~~ ~ der and along the eastern boundazy adjacent to Lots 34 & 35, Block 9. `~ ~tih All fencing shall be reduced to three feet in height within twenty feet of the right-of-way. 11. Lots 33, 34, 38, 39, & 40, Block 9 do not meet the 40-foot minimum frontage requirement. Make the necessary adjustments to meet this requirement. k ~. Lots 2 & 15, Block 11, do not meet the 65-foot minimum frontage requirement. Make the necessary adjustments to meet this requirement. ~~~~ ~g~' ~, e~ 3 • Indicate center line location on Ustick Road on the face of the plat. ~~~ ~ '14. Provide a copy of the encroachment agreement with Nampa & Meridian Irrigation ~yl District for Lots 34-39, Block 9. ~as~' c'"~ 15• There is a missing call in the legal description of the Certificate of Owner's. The missing ~ call is from the section line to the "Real Point of Begimung." ~' o 16. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve Applicant of responsibility for compliance. FP-03-O56 h, . ~~ ~ L ~~+ ff ,f'~ Il ~ `_-~ D~ Smdeu<e Sub&vivon No. 4.FP Planning & Zoning Commission/Mayor & City Council Hearing Date: November 5, 2003 Page 4 GENERAI, REQUIREMENTS 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 City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2., 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. 3. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department, All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior to commencing installation. 4. 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. 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations aze set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 8. 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. RECOMMENDATION Staff recommends approval of the final plat for Sundance Subdivision No. 4 with the above stated comments and conditions. FP-03-056 ~~` 6,f ~~~ ~~ ~OI ~ Suvd®¢Subdivitiov Nv. 4.FP E'~l ~INEER/Nl~ S'OLUTIONS~ I50 East Aikeos Street, Suite B Eagle, ID 83616 Phone: (208) 938A980 Fax: (208)938-0941 E-mail: es-beckymQgwest.ne[ October 3I, 2003 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Sundance Subdivision No. 4 (Final Plat) -REVISED QC~ 3 ~ 2~3 FP-03-058 City Of Meridian City Clerk Office Deaz Mayor and Council: We have reviewed staff comments for the hearing date of November 5, and have the following responses STYE SPECIFIC CONDTPIONS OF APPROVAL 1 • The applicant will meet all terms of the approved preliminary plat, planned development, and development agreement. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The note will be deleted. 10. The applicant does not intend to provide fencing on both sides of Lot 50, as it will create a tunnel behind the lots. The fencing along the rear of the lots is to serve as the boundary fence, as well as on the frontage adjacent to the street. Please remove the requirement for double-fencing of Lot 50. 11. The preliminary plat approved for this subdivision contained the same lots and the same dimensions on the cul-de-sac lots. The dimensions given on the preliminary plat were src lengths, not chord lengths. Sundance Subdivisions Nos. l and 2 also have been approved and recorded with chord lengths less than 40'. We respectfully request that the lots be approved as shown. 12. Due to the requirement to align our entrance road with the driveway to the south, three lots fell below the dimensional requirement/-for R-8 frontage (Lots 2/and 15, Block 11, and Lot Mayor and City Council October 31, 2003 Page 2 40, Block'n. No lots weee added as a result of the re-alignment, but these lots required a reduced frontage to maintain the number of approved lots. There is area to make the lots in Block 11, have a 65' width. Lot 40, Block 7, cannot be adjusted, and we respectfully request that this lot be approved as shown. 13. The applicant will comply. 14. No encroachment agreement with Nampa-Meridian Irrigation District is required for Lots 34-39, Block 9, as it is not within their jurisdiction. 15. The missing call will be added to the legal description. 16. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3 • The applicant will comply. 4. The applicant will comply. 5. The applicant's engineer will submit the required statement. 6. The applicant will comply. 7. The applicant will comply. 8 • The applicant will wmply. We believe this letter addresses all items of the staff comments. We look forwazd to discussing the items where we differ at your meeting of November 5, 2003. Please feel free to call if you have additional comments or quzstions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BMss cc: Mr: Eric Guanell Coc.h.v~v rf ~, ~ ~, a ~