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AGENDA ITEM REVIEW FORM |
6.B.
Regular City Council Meeting
- Meeting Date:
- 01/25/2017
- Department Head:
- John Starkey
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding Subdivision Case No. 2016-0423 Modification of Conditions of Final Plat and wastewater line update. Applicant is Edais Engineering, Inc., on behalf of Riedel Holdings, LLC, property owner, for Las Quintas de San Luis II Subdivision located south of County 22nd Street between the East Main Canal and Las Quintas Subdivision. (John Starkey, Planning and Zoning Director and Eulogio Vera, Public Works Director)
SUMMARY:
Background
The Preliminary and Final Plat were approved by City Council on January 11, 2017 with conditions for erosion control, gravity feed wastewater line, storm water plan, comply with city comments, formation of districts, compliance with traffic study and comply with the May 25, 2016 Development Agreement. All these conditions were to be met before construction started and before the plat can be recorded. (The January 11, 2017 Conditions are attached to this Agenda Review Form). As was presented on January 11, 2017, the Developer is working on obtaining rights to build the waste water line by gravity feed to the nearest lift station at the San Luis High School.
Update
On January 23, 2017, the Developer, her Engineer, a representative from the Yuma County Water Users Association and City Staff met to discuss the route for the waste water line. Although there is an offer through Barkley farm land (attached to this Agenda Item Review Form), the Developer has chosen the shortest most direct route to the lift station. The Yuma County Water Users Association representative was agreeable to another crossing under the East Main Canal if the one at 22nd Street is abandoned and a master plan for the line and the services area of lift station is provided. The High School District indicated that a proposed Intergovernmental Agreement (IGA) for a right to have a wastewater line cross the San Luis High School land should be ready in draft by January 24, 2017. As of the preparation of this Agenda Item Review Form it had not yet been received. The next School Board Meeting is February 8, 2017 and it is intended that the IGA be presented for Board Approval then.
Also on January 23, 2017, it was brought to staff's attention that grading work had begun contrary to the conditions that construction could not begin until all conditions were met. The City's Public Works Director went to the site of the grading and saw the work was being done competently. Staff required the Developer to do the following:
Provide to the City a proposed schedule of work for the next 2 months by January 24, 2017 (Done on time, attached).
Provide to the City the Engineer's Opinion as required under the Conditions of the Final Plat Approval by January 24, 2017. (Pending at the time of preparation of this Agenda Item Review Form, but the Developer's Engineer discussed the requirements of the opinion with the City Attorney on January 24, 2017).
Apply to the City for a grading permit and for a permit to construct retaining walls by January 24, 2017. (Done).
Provide to the City the Storm Water Pollution Prevention Plan (SWPPP) and implement as soon as possible since grading was started. (SWPPP was provided on January 24, 2017, Attached. The Developer's Engineer represented to staff that the SWPPP will be implemented on January 25, 2017).
Provide the soils report from the site compaction test results as soon as they are available and assure that all geotechnical services meet the testing frequency requirements. The Developer has hired GTS to perform these tests. (Pending at the time of preparation of this Agenda Item Review Form).
If the above are met, then it is reasonable as a practical matter to allow work to continue on the grading and building of walls. This type of work can proceed before the other conditions are met on the list of conditions. The work so far has been done in a competent way. At this point it is safer to finish the grading and retaining walls than to leave it as it is. Staff will report at the time of the meeting whether the above requirements have been met to their satisfaction. If so, staff would recommend modification of the conditions so as to allow the grading work and retaining walls to be constructed. All other work must be compliant with the conditions.
The Preliminary and Final Plat were approved by City Council on January 11, 2017 with conditions for erosion control, gravity feed wastewater line, storm water plan, comply with city comments, formation of districts, compliance with traffic study and comply with the May 25, 2016 Development Agreement. All these conditions were to be met before construction started and before the plat can be recorded. (The January 11, 2017 Conditions are attached to this Agenda Review Form). As was presented on January 11, 2017, the Developer is working on obtaining rights to build the waste water line by gravity feed to the nearest lift station at the San Luis High School.
Update
On January 23, 2017, the Developer, her Engineer, a representative from the Yuma County Water Users Association and City Staff met to discuss the route for the waste water line. Although there is an offer through Barkley farm land (attached to this Agenda Item Review Form), the Developer has chosen the shortest most direct route to the lift station. The Yuma County Water Users Association representative was agreeable to another crossing under the East Main Canal if the one at 22nd Street is abandoned and a master plan for the line and the services area of lift station is provided. The High School District indicated that a proposed Intergovernmental Agreement (IGA) for a right to have a wastewater line cross the San Luis High School land should be ready in draft by January 24, 2017. As of the preparation of this Agenda Item Review Form it had not yet been received. The next School Board Meeting is February 8, 2017 and it is intended that the IGA be presented for Board Approval then.
Also on January 23, 2017, it was brought to staff's attention that grading work had begun contrary to the conditions that construction could not begin until all conditions were met. The City's Public Works Director went to the site of the grading and saw the work was being done competently. Staff required the Developer to do the following:
Provide to the City a proposed schedule of work for the next 2 months by January 24, 2017 (Done on time, attached).
Provide to the City the Engineer's Opinion as required under the Conditions of the Final Plat Approval by January 24, 2017. (Pending at the time of preparation of this Agenda Item Review Form, but the Developer's Engineer discussed the requirements of the opinion with the City Attorney on January 24, 2017).
Apply to the City for a grading permit and for a permit to construct retaining walls by January 24, 2017. (Done).
Provide to the City the Storm Water Pollution Prevention Plan (SWPPP) and implement as soon as possible since grading was started. (SWPPP was provided on January 24, 2017, Attached. The Developer's Engineer represented to staff that the SWPPP will be implemented on January 25, 2017).
Provide the soils report from the site compaction test results as soon as they are available and assure that all geotechnical services meet the testing frequency requirements. The Developer has hired GTS to perform these tests. (Pending at the time of preparation of this Agenda Item Review Form).
If the above are met, then it is reasonable as a practical matter to allow work to continue on the grading and building of walls. This type of work can proceed before the other conditions are met on the list of conditions. The work so far has been done in a competent way. At this point it is safer to finish the grading and retaining walls than to leave it as it is. Staff will report at the time of the meeting whether the above requirements have been met to their satisfaction. If so, staff would recommend modification of the conditions so as to allow the grading work and retaining walls to be constructed. All other work must be compliant with the conditions.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE MODIFICATION OF THE CONDITIONS FOR FINAL PLAT APPROVAL TO ALLOW FOR GRADING AND FOR CONSTRUCTION OF RETAINING WALLS TO PROCEED AS DIRECTED BY APPROPRIATE CITY STAFF AFTER THE DEVELOPER HAS SUBMITTED:
(1) THE ENGINEER'S OPINION AS OUTLINED IN THE CONDITIONS AND
(2) FOLLOW ALL LOCAL, STATE AND FEDERAL LAW.
I FURTHER MOVE THAT ONCE THE GRADING AND RETAINING WALL ARE COMPLETED, NO CONSTRUCTION SHALL START UNTIL ALL CONDITIONS OF THE FINAL PLAT APPROVAL ARE COMPLETE AND ALL REQUIRED PERMISSIONS ARE IN PLACE.
I FURTHER MOVE THAT STAFF MAY TAKE ALL APPROPRIATE ACTIONS FOR ANY FUTURE NON-COMPLIANCE RELATED TO THIS SUBDIVISION.
(1) THE ENGINEER'S OPINION AS OUTLINED IN THE CONDITIONS AND
(2) FOLLOW ALL LOCAL, STATE AND FEDERAL LAW.
I FURTHER MOVE THAT ONCE THE GRADING AND RETAINING WALL ARE COMPLETED, NO CONSTRUCTION SHALL START UNTIL ALL CONDITIONS OF THE FINAL PLAT APPROVAL ARE COMPLETE AND ALL REQUIRED PERMISSIONS ARE IN PLACE.
I FURTHER MOVE THAT STAFF MAY TAKE ALL APPROPRIATE ACTIONS FOR ANY FUTURE NON-COMPLIANCE RELATED TO THIS SUBDIVISION.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED:
- N/A
- AVAILABLE TO TRANSFER:
- N/A
- GL ACCT # & NAME/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
N/A
Attachments
- Location Map
- Picture of Location
- SWPPP 2
- Final Plat
- Schedule of Work
- SWPPP
- Resolution No. 1145 Development Agreement
- Jan 11, 2017 Conditions
- CC&R's
- Barkley Offer
- Schedule of Work
- SWPPP 1
- SWPPP 2