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CC - Staff Report STAFF REPORT C OMMUNITY D EVELOPMENT D EPARTMENT HEARING 4/7/2020 DATE: TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2020-0019 Gander Creek South No. 2 LOCATION: Generally located south of W. McMillan Rd. and west of N. McDermott Rd., in the NE ¼ of Section 32, Township 4N., Range 1W. I. PROJECT DESCRIPTION The Applicant proposes a final plat consisting of 55 buildable lots and 14 common lots on 13.47 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Trilogy Idaho 9839 W. Cable Car St., Boise, ID 83706 B. Owner: Heartland Townhomes Property Management, LLC 9839 W. Cable Car St., Boise, ID 83706 C. Representative: Kent Brown, Kent Brown Planning 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2019-0013) in accord with the requirements listed in UDC 11-6B-3C.2. The proposed final plat depicts several changes from the preliminary plat as follows: Lot 40, Block 5 was converted from a common to a buildable lot resulting in a decrease in common area of 7,235 s.f.; Page 1 Lot 16, Block 4 was converted from a common to a buildable lot resulting in a decrease in common area of 6,371 s.f.; and, Lot 23, Block 4 was converted from a buildable to a common lot resulting in an increase in common area of 4,028 s.f. These changes result in one (1) additional buildable lot and a decrease in common area of 9,578 s.f. (or 0.22 of an acre) overall. In the first phase, Lot 8, Block 4 was converted from a buildable lot to a common lot resulting in one (1) less buildable lot and an increase in common area of 5,490 s.f.; and Lot 1, Block 5 was converted from a common lot to a buildable lot resulting in a loss of 6,575 s.f. of common area for an overall net loss of 1,085 s.f. of common area and no change to the number of buildable lots. Overall, between Phases 1 and 2, there is one (1) additional buildable lot and a decrease in common area of 10,663 s.f. (or 0.24 of an acre) (see Section V.D). In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2, the number of buildable lots cannot increase and the amount of common area cannot decrease, both have occurred. To remedy this, the Applicant proposes to reduce the number of buildable lots by two (2) and increase the common area by 11,280 s.f. (or 0.26 of an acre) in future phases for an overall loss of one (1) buildable lot and an increase in common area of 617 s.f. (or 0.01 of an acre) from that approved with the preliminary plat (see exhibit in Section V.D). Based on the plan in Section V.D, Staff finds the proposed final plat in conjunction with future final plat phases will be consistent with the approved preliminary plat as required. Future phases should develop consistent with that plan. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (dated: 5/13/2019) Page 3 B. Final Plat (dated: 2/5/20) Page 5 C. Landscape Plan (dated: 01/27/2020) Page 7 Page 9 D. Modifications to Preliminary Plat Layout VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2019-0013; Development Agreement Instrument Number 2019-060657). 2. of the City the previous phase final plat; or apply for a time extension, in accord with UDC 11-6B-7. 3. accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering, Inc. by Cody M. McCammon, dated: 2/5/2020, included in Section V.B shall be revised as follows: a. Lots 15 and 17, Block 4 need to have a minimum street frontage of 32 feet as set forth in UDC Table 11-2A-6 for properties with alley loaded garages. b. Note #8: Include recorded instrument number of the ACHD permanent easement. c. Note #9: Include the recorded instrument number of the ACHD license agreement. d. Note #10: Include the recorded instrument number of the City of Meridian water & sewer easement. e. Note #12: Include the recorded instrument number of the vacated ingress/egress easement. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Associates, dated 01/27/2020, included in Section V.C, shall be revised as follows: a. Include landscaping on all of Lot 9, Block 11 as set forth in UDC 11-3G-3E and expand the boundary of this lot based on that shown on the final plat. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. 6. 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, Sue Prescott, at 887-1620 for more information. 7. All fencing shall comply with the standards of UDC 11-3A-7C. 8. prior to any and all development within the floodplain. 9. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. 10. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement (inst. # 2019-060657). 11. The existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and the Idaho Power easement (Inst. #8958920) and any other easements that are no longer needed shall be relinquished and/or vacated, as applicable, prior to signature on the final plat by the City Engineer. The Applicant shall submit copies of the easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. 12. Future phases shall develop consistent with the modifications to the preliminary plat shown in Section V.D; a copy of this plan shall be submitted with future final plat applications. 13. development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The second water main connection (on Owyhee Storm St.) that was required for Gander Creek South No 1 is also required for this phase. 2. The following items are Flood Plain Development requirements: a. Revise flood study to incorporate proposed conditions including bridge and creek/canal alterations. b. No-Rise certification letter for bridges, culverts and alterations c. Copy of NMID license agreement d. Copy of 404 and stream alteration permits. 3. This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Page 11 Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 4. The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this application highlights several site conditions (including but not limited to soil types, ground water, and construction methods) that will make development of this property and construction of homes somewhat challenging. The developer shall bear the responsibility of ensuring that all the requirements, including compaction of backfill material, foundation drains around homes, and on- site infiltration pits are conveyed to the home builders, and that they are closely adhered to. General Conditions: 5. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 6. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 8. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 9. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 10. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 11. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 14. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-4B. 18. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 19. 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. 20. The applicants 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 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. 21. 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. 22. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 23. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. 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 Water Department at (208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes Page 13 such as landscape irrigation if approved by Idaho Department of Water Resources. 26. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 27. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 28. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation.