Loading...
HomeMy WebLinkAboutLochsa Falls No. 9 FP 04-037 BEFORE THE MERIDIAN CITY COUNCIL C/C July 6, 2004 IN THE MATTER OF THE APPLICATION OF LOCHSA FALLS, LLC FOR APPROVAL OF 51 RESIDENTIAL BUILDING LOTS AND 3 OTHER LOTS ON 47.67 ACRES IN AN R-4 ZONE LOCATED WEST OF NORTH LINDER ROAD AND SOUTH OF WEST CHINDEN BOULEVARD IN A PORTION OF THE NORTH Y, OF THE T.4.N., R.1.W., SECTION 26 CASE NO. FP-04-037 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 July 6,2004, and the Council finding that the Administrative Review is complete ITom Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 2004, 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 LOCHSA FALLS SUBDNISION NO.9 LOCATED IN A PORTION OF THE NORTH Y, OF THE T.4.N., R.I.W., OF SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-O4-037) Page 1 of5 40402-PLT.DWG KDH 05/17/04, SHEET I OF 4, HANDWRITTEN DATE: OS/25/04, BRIGGS ENGINEERING, INC., LOCHSA FALLS, LLC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council ITom Sonya Allen Assistant City Planner for the Planning and Zoning Department and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6,2004, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein and by this reference incorporated herein, and the response letter ITom Farwest, LLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements ITom the action of the Council taken at their July 6, 2004 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their July 6, 2004 meeting, and specifically pertaining to the to the Staff Report, under Conditions of Approval, revising 3c and 5a to read as follows: CONDITIONS OF APPROVAL 3. c. Add note: Per Sfleeial Ceasiàeraåen Þle. 2 aèeve, if CeBl!eil àetemlin6s that Maintenance of the storrnwater detention pond is the responsibility of the Homeowner's Association. f. ROte te that effeet l'Iffist Be aààeà te the fllat. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/(FP-O4-037) Page20f5 1.2 5. a. Detached sidewalks and a twenty-five foot street buffer must be shown adjacent to N. Ten Mile Road. The minimum width of the parkway area between the curb and sidewalk is five-feet (The flafly reiJj'lensi¡'Ile te eeBS!rue{ theae iffi '!reYeffi6ß!s "..ill Be detemHl!ed by City Ceaneil and Beted €Iii the laadsea¡¡e ~ (The owner of Lot 5, Block 38 shall trust fund for sidewalk so it can be in conformance with the remainder of the sidewalk that is going to be built by the city in the future and doesn't have to be built at the outset of the development) Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval ITom 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 the 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: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties, Prepared by the Idaho Division of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-O4-037) Page 3 of 5 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: I. 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-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 LOCHSA FALLS SUBDIVISION NO, 9/ (FP-O4-037) Page4of5 By action of the City Council at its regular meeting held on the lo~ day of ,~dl~ ,2004, By: Attest: Jf~~~( ~ William G. Berg, Jr., ty CI rk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney, By: --t. - ~.. ~ Dated: 5{.~w ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-O4-037) Page 5 of 5 MAYOR Tammy de Weerd ctre;;dltrn CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shoun Warole Charles M. Rountree IDAHO STAFF REPORT: To: Mayor and City Council Sonya Allen, Assistant City Planner Jif John Boyd, Engineering Tech. II 9'-6 Lochsa Falls Subdivision No.9 From: Re: LEGAL DEPARTMENT (208) 466-9272 'Fax 466-44()5 PUBLIC WORKS BUILDrNG DEPARTMENT (208) 887-2211 Fax 887-1297 PLANNrNG AND ZONrNG DEPARTMENT (208) 884-5533 . FAX 888-6854 Hearing Date: July 6, 2004 Final Plat approval of Fifty-one (51) Single-Family Residential Building Lots and Three (3) Common Lots on 47.67 Acres in an R-4 Zone, by Lochsa Falls, LLC (File No. FP-O4-037). 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 & LOCATION The applicant, Lochsa Falls, LLC, has applied for Final Plat approval of 51 single-family residential building lots and 3 common lots on 47.67 acres of land for Lochsa Falls Subdivision No.9, The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This phase of the subdivision will have a gross density of 1.07 d,u.lacre and a net density of 1.18 d.u.lacre. Lochsa Falls Subdivision No.9 is located on the east side ofN. Ten Mile Road, approximately Y, mile south of Chin den Blvd., in the NW ~ of Section 26, TAN" R.IW. The common area lots within the subdivision consist oflandscape, open space, and drainage lots, The pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size ITom 6,500 s,f. to 5,500 s.f.; ITont setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street ITontage ITom 65' to 50'. Phase nine was approved previously by City Council; however, it was not recorded. The applicant wishes to change the order in which three previously approved final plats are built and FP-O4-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc 2. 3. Mayor & City Council Hearing Date: July 6, 2004 Page 2 recorded. The previously approved phase nine will be changed to phase eleven and the current phase nine will be submitted as a new phase. Other than the name of the plats and the lot and block numbers, no other changes have been made to the plats that were approved by City Council. The submitted final plat substantially complies with the approved preliminary plat Staff recommends approval of the ninth phase of Lochsa Falls Subdivision with the comments and conditions stated in this report, SPECIAL CONSIDERATIONS 1. It is Staff's assumption that the responsibility to construct detached sidewalks and street buffer landscaping along N, Ten Mile Road will belong to the City of Meridian; however, this is not addressed in the application or the recorded Development Agreement with Farwest The timing of the N, Ten Mile Road improvements should also be clarified, as the sidewalk and street buffer are typically to be completed prior to issuance of any Certificates of Occupancy. We recommend City Council make a decision on this matter as part of this final plat application, (See Site Specific Comment 5,a.) 2, The landscape plan shows a stormwater detention pond at the northeast corner of the City park lot (Lot 4, Block 38); however it is not clear as to who is going to maintain it We recommend City Council make a decision on this matter as part of this final plat application. (See Site Specific Comment 3,c.) SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-009), Conditional Use Permit (CUP-02-012), and the recorded Development Agreement (Inst No. 103012598). Fencing adjacent to pathways and internal open space/drainage lots is to be no more than 4' in height if solid material is used, with the allowance of a 2' lattice to be placed on top of the solid fence, All fencing must be in compliance with MCC 12-4-10. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. Add or revise the following plat notes: a. Add note: "Lot 4. BIDck 38 is owned and will be maintained bv the Citv of Meridian and is designated as a public park site," Remove note #13. This note is not applicable, b. FP-Q4-0J7 EXHIBIT "A" Lochsa Falls Suh.9.FP Rev.doc 5. 6. Mayor & City Council Hearing Date: July 6, 2004 Page 3 c, Per Special Consideration No.2 above, if Council determines that maintenance of the stormwater detentiDn pond is the responsibility of the Homeowner's Association, a note to that effect must be added to the plat. 4. Add a note or graphically show and denote on the plat the existing 20-foot wide public utilities, drainage, and irrigation easement that runs along the northern boundary of this phase. Also, show the recorded instrument number for this easement and provide the City of Meridian with the recorded document prior to signature on the final plat by the City Engineer. 5. Revise the Landscape Plan as follows: a. Detached sidewalks and a twenty-five foot street buffer must be shown adjacent to N. Ten Mile Road. The minimum width of the parkway area between the curb and sidewalk is five-feet, (The party responsible to construct these improvements will be determined by City Council and noted on the landscape plan). The cobble at the inlet area of the stormwater swales may not exceed more than five-feet in any horizontal dimension unless designed as a dry creek bed or other design feature. b. 6. The applicant has indicated that Settlers 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 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 irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. 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 all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat Sanitary sewer service and municipal water service to this site shall be via main line extensions ITom mains installed adjacent to the property, Applicant will be responsible to construct the 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to FP-04-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc Mayor & City Council Hearing Date: July 6, 2004 Page 4 signature on the final plat per Resolution 02-374, 7. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event 8, Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 4 of the final plat), 9. The bearing on the northeasterly lot line of Lot 6, Block 41 does not match the Legal Description on the Certificate of Owners. Please change direction of the bearing to read SE instead ofNW. 10. Please show (5') five-foot easements on the following side lot lines. These lot lines are against previous phases of this subdivision: a. b, Southerly side of Lot 14, Block 39 Westerly side of Lot 10, Block 40 Southerly side of Lot 19, Block 40 Southerly side of Lot 3 Block 41 Southerly side of Lot 2, Block 42 Westerly side of Lot 10, Block 42 Easterly side of Lot 2, Block 43 c. d, e. f, g. 11. Lot 14, Block 40 shows two distances on the Southeasterly boundary lot line. Please add a correct survey symbol to this lot line based on the distances shown. 12. Please add the abutting platted subdivision names or show the land to be unplatted. 13. Please add the widths of all streets shown on the plat 14. Staff's 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. 2. Any tree over 4" in caliper that is removed ITom 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. 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 FP-04-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc 7. 8. Mayor & City Council Hearing Date: July 6, 2004 Page 5 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. 3. Any existing domestic wells and/or septic systems within this project will have to be removed ITom 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. 4. 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 and/or 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 ITom the Public Works Department prior commencing installations. 5. 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. 6. 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 Public Works Department Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc Aug,31.20049:50AM 141..16 ;;5'1i)4 jAn;? FRCIT'!' OF MER11)[>!t< ",.,' . """"",," N0.5319 P. 1/2 2I'i& 8EI3 421BTCI P-AI'¡¡).'Z' P . [,j"on." ro~. ¡',i>< , i ~/yh(~t:.....:t'¥t/ '- -'- --..- -- !ulyl.2004 RECEIVED JUL a 5 2f ( ; l\ú)Wand City COliw;îJ city ofMcrliiìan n Dast Jdahq AvaIL" Merio1iM.,lP !3642 l;ítyOt'Møriditm C!ty ÇJ.,rk ore(~ JI.~: J,IId1M. Stdllllrilin No.~ 1'ìal11 Plat (F¡k No. iF /)4..031) Deal Ma)'O'atId Coumt:it Th= tòl!cWÎl! ¡ ¡i in ccspoo:;e Iø s\Jl.tr$I:Q!IIIJ)m\$- ~1AL CONSID.mtiU:.~ J, Å¡)þl.ic"'l~eats Ille C~)'Cl.lilncU 'IC~UowCß'ri.ì~~ ØfQ¡:cupar¡èý Priärtolhc GìtY instaU.il¡I : Ih~ ~ bulTcl: end sjcI.eW~ 0111'~ M.í!liR¡¡¡¡d, 2; NP¡Îc.ll.lllreq\le¡IS~]¡;.a X' mll,Ínlcwi~!;f; Iç b<l<lcnwby tm Cil:l'~t thc$illnC!ÚI:w the City Park i, DUÚDt.tinc;d; onœ the pû:ír ¡;¡;¡nilIl!dm, TbedminllgcH..iofoIii!l:lccoftbc J.1GM will h;:~lod.byACHl) ~1..ocñA. F-.& .RQA. S1TE SJ'Ecr!;¡C.ll.!.iQ.v.~S I, 1òc A.pplÌéaD.I:1'IfÜI com ) !yWilh~o r ;Iþpl'OVliJ¡¡, 2 .. . 1'b.ApplicanlwiUcaœplywit'!1 íem:m;,~mtms. 3. á~&gIiiJ:Otw¡¡ 1i:móve- '/\010 #li c.;S.ee SpecW a. f.qÎTI~ IIIillllildmm. CcMi~~#2~.,we. 4- ~ 5; Ii. A¡:oplka.,trcq'licstti lOOt lbosil!owa1k¡;ämltrliI1iiGfl 0.0. -:renMÙc road ~ß coUlple11!!i by lki!Ci1y &lIke ~ tÞ.CI\y!I'1Ilk ~k B. AgriOea ThiI: A Jp~~wiUï:õm~) with pte~ !m¡¡,atÎOJ:l.reql!Înm1én,IS. 6. 1. ~ ;;,Agrçcd ct Agreed J. ^V=d. ~"_",....K"~""~¡~~ÞOI""""'-",, - ." 1*"",""~"~,,,,,,4. i/l,' !~.,~'\W7" ('¡'¡,~1;""¡"'^f;7 "i'¡""ß>";' ,;,'""", '.J1.JL 05 '04 14'51' AUG 31 '04 11'12 FXi1iI,ìt"fj" f'I'Œ,3:i! pr;,r;F_Vl1 Aug.31. 2004 9:51AM RlL 2S 'Ð4 14'12 FR Cry (I" MERI[)¡f;t~ "".. "'.'¡.".-~.." No.5319 P. 2/2 :!J1I8 ae:a 4:;,:t8 1'1J P--AN1"'.Z P. 11'-)..'13:" t'Q.¡;¿h~ p, 3 Mayor and Cily C41mëll July 2, lOP,r N~2 s... l\gn e¡\ 9. The; fln;¡ ' p!;¡1 ""¡\\reI\1YJm!.hlaeçoj'dllWfl witñ IItII.tfCOIm1~1$ 10, The nnälp1atwiJll)em>i~JI¡,.~Mt.lul;¡ffc~$ I. . TI",..Ïina.lþlalwin beNliÍ!\Iid mace°rd- witft. smtrè\)nrm""IA 12.1'h<t I1naJþÌal willhl!WJi!edill àœòtd<IIJtiGWitb.$WT ~s tt 1h, &at pI.1t will J)e roviiifdJa ~~ with IIWf CôJIm1Ms .14. ]oJotJ:d Wt'bcJle<re Ibis 11Itter~.illòfyOW'CQ~ Plcalefai].freð tocGI1medfYDu have ~ r;QIn!tlØtt.S OJ lIuCttlQIIII. :-~ ß~ ~.,; Bria¡¡s.&!lÌIietlrin¡lij¡;; Rl»ni.,öJ..:iø\C....._, .1-1'6IM<o1~""'~MI1I,~ ~i." þ'" .."""",,¡,.,¡¡,' ",,"II( '"".... "........."'" 1\.11-' œ '1iJ' 14'5~ "'~"';i'Ø" ÞAr';!, PI" RUG 31 '04 11:13 PQr,", ~ G1?