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HomeMy WebLinkAboutFulfer Subdivision No. 2 FP-04-020 BEFORE THE MERIDIAN CITY COUNCIL CIC 04/13/04 IN THE MATTER OF THE APPLICATION OF KEVIN HOWELL CONSTRUCTION, FOR APPROVAL OF 47 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND TWO COMMON LOTS ON 14.32 ACRES OF LAND FOR FULFER SUBDIVISION NO.2., LOCATED ON THE NW CORNER OF N. LINDER ROAD AND W. MCMILLAN ROAD IN THE SE % OF SECTION 26, TAN., R.IW CASE NO. FP-04-020 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 April 13, 2004, and the Council finding that the Administrative Review is complete from Steve Siddoway for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: April 13, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, 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"PLA T SHOWING FULFER SUBDIVISION NO.2, A PORTION OF THE NORTH Y> OF THE SOUTH Y> OF THE SOUTHEAST ~ OF SECTION 26 TOWNSHIP ORDER OF CONDmONALAPPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO. 2 I (FP-04-020) Page 1 of 4 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2004, DEVELOPER: KEVIN A. HOWELL, 4822 N. ROSEPOINTE WAY, SUITE C, BOISE, IDAHO, 83713, (208) 890-0850, J-U-B ENGINEERS, INC., ENGINEERS SURVEYORS PLANNERS, BOISE, IDAHO, GAL\11970FP1.DWG, 03/15104 HANDWRITTEN DATE: DATED 03/16/04, SHEET 1 OF 3", Kevin Howell Construction, Inc., 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 Steve Siddoway for the Planning and Zoning Department, dated: Hearing Date: April 13, 2004, listing 12 SITE SPECIFIC COMMENTS I FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting offive pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 13, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendations 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 Welfare, 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 discharge 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 stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.2 I (FP-04-020) Page 2 of 4 1. State ofIdaho Catalog of Storm water Best Management Practices For Idaho Cities And Counties. Prepared 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. 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. 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 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- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.2 I (FP-04-020) Page 3 of 4 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 13tk day of Apt'ì \ ,2004. Attest: By: ,k ~að I"-' Dated: m~ 11,2004 DclZ:\WorklMlMeridianlMeridian 1 5360MlFuifer Sub No.2 FP 04-020\0rderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.2 I (FP-04-020) Page 4 of 4 MAYOR TammydeWeerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree c:::tre;;dl~n IDAHO LEGAL DEPARTMENT (208) 466-9272 'Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Hearing Date: April 13, 2004 To: Mayor, City Council and Planning & Zoning Commission Steve Siddoway, Principal City Planner 9f---- Bruce Freckleton, Senior Engineering Tech~ Fulfer Subdivision No.2 Final Plat approval of Forty-Seven (47) Single-Family Residential Building Lots and Two (2) Common Lots on 14.32 Acres in an R-4 Zone, by Kevin Howell Construction (File No. FP-O4-020). From: Re: 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, Kevin Howell Construction, has applied for Final Plat approval of 47 single- family residential building lots and two common lots on 14.32 acres of land for Fulfer Subdivision No.2. This is the second phase in what has been known in the past as Kelly Creek Subdivision. During the recording of the first phase, the name Kelly Creek was not allowed by the County Engineer, so the name was changed by the applicant to Fulfer Subdivision. The current zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The application incorrectly states the zoning as R-4; staff has verified per annexation ordinance 03-1053 that the zoning is R-8. This subdivision will have a gross density of 3.28 d.u.lacre and a net density of 4.59 d.u.lacre. The common lots within the subdivision consist of an open spaceldrainage lot (Lot 7, Block 9) and a micropath lot (Lot 7, Block 3). Both lots will be owned and maintained by the Fulfer Neighborhood Association. The pressurized irrigation system within this development will be owned and maintained by Settler's Irrigation District. EXHIBIT 'A' Page 1 of6 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 2 The submitted final plat shows a reduction in open space when compared to the preliminary plat as follows: . The micropath lot (Lot 7, Block 3) has been narrowed from 20 feet to 15 feet. . The open spaceldrainage lot (Lot 7, Block 9) has been reduced by about 5 feet on the east side and by about 35 feet on the west side. This is equivalent to about 0.1 acres of open space less than the Preliminary Plat. The Preliminary Plat had 7.59 acres (9.51 %) open space and the full acreage of open space was made a condition of the CUP. The applicant should demonstrate how the reduced open space will be made up in this phase or future phases prior to approval of the final plat. The following minor change is also proposed by the applicant and is recommended for approval by staff: . Along the west boundary, Lot 6, Block 8 was increased from 64 feet wide to 76 feet wide. Lots 2--& were decreased from 80 feet to 72-=1-6 feet wide. All lots still meet the minimum lot size and frontage approved with the Planned Development for Fulfer (Kelly Creek) Subdivision. A Conditional Use Perrnit/Planned Development was approved for the proposed subdivision which allowed for a mix of residential and commercial uses in the R-8 zone, reduced lot sizes, reduced frontage requirements, and an allowance for blocks within the subdivision to exceed the maximum block length of 1,000 feet. Staffrecommends approval of the final plat for Fulfer Subdivision No.2, upon resolution of the reduced open space, with the comments and conditions stated in this report. LOCATION The proposed Fulfer Subdivision No.2 is located on the NW corner of N. Linder Road and W. McMillan Road in the SE 14 oBection 26, TAN., R1W. SURROUNDING PROPERTIES North: Recently approved Lochsa Falls Subdivision (single-family residential), zoned R-4. West: Recently approved Lochsa Falls Subdivision (single-family residential), zoned R-4. East: Phase I of Fulfer (Kelly Creek) Subdivision, zoned R-8. South: Future phase of Fulfer (Kelly Creek) Subdivision, zoned R-8 and L-O. EXHIBIT 'A' Page 2 of6 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 3 EXHIBIT 'A' Page 3 of6 6. 7. 8. Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 4 SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved conditional use permit (CUP-03-028), preliminary plat (PP-03-014) and Development Agreement (Inst. No. 103181095). 2. The applicant has indicated that the Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shan be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Micropath fencing shall comply with the requirements ofMCC 12-13-15-9. All fencing for the project shall be reduced to three feet in height within twenty feet of the right-of- way. 4. Street signs are 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, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for an fencing, landscaping, pressurized irrigation, amenities, 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 existing mains. 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. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Complete the Certificate of Owners and accompanying Acknowledgment prior to signature on the fmal plat. 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. Revise or add the following notes to the face of the plat: (11.) Complete recording information. (12.) Complete recording information. (13.) Revise last sentence to read: "The landscaping of said micropath shall conform to Meridian City Ordinance 12-13-15. Fencing adjacent to the micropath shall conform to Meridian City Ordinance 12-13-15-9." EXHæIT 'A' Page 4 of6 4. 5 6. 7. Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 5 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. Graphically depict a IS-foot wide easement along the western boundary, this extra width is necessary due to the location of pressurized irrigation. 11. Please clarify the significance of the points that are referenced in the blow-up detail for the southeast corner of Lot 5, Block 6. 12. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 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 (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2. Any existing domestic wells and/or septic systems within this project will have to be removed &om 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. One hundred 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 are at street intersections andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 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. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 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 EXHIBIT 'A' Page 5 of6 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 6 were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Fulfer Subdivision No.2, upon resolution of the reduced open space, with the above stated comments and conditions. EXHIBIT 'A' Page 6 of6