HomeMy WebLinkAboutLochsa Falls Subdivision No. 9 FP-04-037
BEFORE THE MERIDIAN CITY COUNCIL
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 Yz OF
THE T.4.N., R.1.W., SECTION 26
C/C July 6, 2004
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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 ofthe 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 Yz 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 SUBDMSIONNO. 9/(FP-O4-037)
Page 1 0[5
40402-PLT.DWG KDH 05/17/04, SHEET 1 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: PBr 8f1eeial CaHaiàemfieB
}la. 2 aBa'ie, if CoIIH6il àetemiÌHes that
Maintenance of the stormwater detention pond
is the responsibility of the Homeowner's
Association. }. Hote 1e that effcet must Be
aàèeà 19 the fila!.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LOCHSA FALLS SUBDMSIONNO. 9/(FP-O4-037)
Page20f5
5.
a. Detached sidewalks and a twenty-five
foot street buffer must be shown adjacent to
N. Ten Mile Road. The minimum width ofthe
parkway area between the curb and sidewalk
is five-feet. (The flartyresfloBsiBle te 6eflt!tmet
these ilRflrevemeats will Be èetefffliHeè BY
City CellBeil anè Hateè eB the lanèsea]ge
~ (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.)
1.2
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-offis 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 SUBDMSION NO. 9/ (FP-O4-037)
Page 30[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:
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-eight (28) days
after the date of this decision and order, seek ajudicial 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-O37)
Page40f5
By action of the City Council at its regular meeting held on the lo *'
day
of
,~l \\ ~
,2004.
By:
Attest:
JfdL-:~~f ~
William G. Berg, Jr., ty Cl k
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and
City Attorney.
By: --L. - ~.-
~
Dated:
~.~w
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LOCHSA FALLS SUBDMSION NO. 9/ (FP-O4-O37)
Page 5 of 5
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bini
William L.M. Na.¡y
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208)466-9272 .Fax466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-221] . Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . FAX 888-6854
STAFF REPORT:
Hearing Date: July 6, 2004
To:
Mayor and City Council
Sonya Allen, Assistant City Planner JIf.
John Boyd, Engineering Tech. II 746
Lochsa Falls Subdivision No.9
From:
Re:
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 ofland 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./acre and a net density of 1.18
d.u./acre.
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., RIW.
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 ITom 15' for living areas to 10'; street side setbacks reduced ITom 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 Suh.9.FP Rev.doc
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 comer 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 1 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 (lust. No.
103012598).
2.
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.
3.
Add or revise the following plat notes:
a.
Add note: "Lot 4. Block 38 is owned and will be maintained by the Citv of
Meridian and is desÏ!mated as a public park site."
Remove note #13. This note is not applicable.
b.
FP-04-037
EXHIBIT "A"
Lochsa Falls Sub.9.FP Rev.doc
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 detention 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.
5.
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.
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
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 1O0-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
2.
1.
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-O4-037
EXHIBIT "A"
Lochsa Falls Sub.9.FP Rev.doc
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.
7.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
8.
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-O4-037
EXHIBIT "A"
Lochsa Falls Sub.9.FP Rev.doc
Aug.3!. 2004 9:50AM
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