Fulfer Subdivision No. 3 FP
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF KEVIN
HOWELL FOR APPROVAL OF
FULFER SUBDIVISION NO.3 (FKA
LOCHSA FALLS) WITH THE RE-
LOCATION OF A BUILDING LOT
IN A PREVIOUSLY APPROVED
OPEN SPACE AREA FROM PHASE
8 (FKA PHSE 10) DUE TO THE
RELOCATION OF TIGNES
A VENUE FURTHER TO THE
NORTH IN AN R-4 ZONE
LOCATED NORTH OF WEST
MCMILLAN ROAD AND EAST OF
NORTH TEN MILE IN A PORTION
OF THE EAST Y, OF THE SW ~
T.4., R.IW., SECTION 26
C/C August 24, 2004
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CASE NO. FP-04-046
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 August 24, 2004, and the Council finding that the Administrative
Review is complete trom Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Bruce Freckleton, Senior Engineering Technician for the Public Works Department,
dated: Hearing Date: August 24, 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:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.3 / (FP-04-046)
Page 1 of 4
I.
The Final Plat of"PLA T SHOWING FULFER SUBDIVISION NO.3 LOCATED IN
A PORTION OF THE EAST Y, OF THE SW 14 OF TAN., R.lW., SECTION 26,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, gal\l 0-4-002\1 0-
04-002]FI 06/02/04 SHEET 1 OF 4, HANDWRITTEN DATE: 06/02/04, J-U-B
ENGINEERS, INC.", KEVIN HOWELL CONSTRUCTION, 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 Bruce Freckleton, Senior
Engineering Technician for the Public Works Department, dated: Hearing Date:
August 24, 2004, listing 16 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 7
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 the additional requirements ITom the action of the Council taken at their
August 24, 2004 meeting as follows, to-wit:
1.1
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-orris 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.3 1 (FP-O4-046)
Page 2 of 4
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.
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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.3 1 (FP-O4-046)
Page 3 of 4
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.
By action of the City Council at its regular meeting held on the
.;)4*-
day
of
S('ph~mber
,2004.
By:
Attest:
By: .itklL ~wvJ
City Clerk's Office
Dated:
IO-LD .04-
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.3 1 (FP-O4-046)
Page40f4
MAYOR
Tammy de Weerd
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IDAHO '
LEGAL DEPARTMENT
(208) 466-9272 ,Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 ' Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William LM, Nary
Shoun Wardle
Charles M, Rountree
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 ' FAX 888-6854
STAFF REPORT:
Hearing Date: August 24, 2004
To:
Mayor, City Council and Planning & Zoning Commission
From:
Sonya Allen, Assistant City Planner 54
Bruce Freckleton, Senior Engineering Tech~
FuHer Subdivision No.3
Re:
Final Plat approval of Seventy-two (72) Single-Family Residential Building Lots
and Fifteen (I5) Common Lots on 31.35 Acres in an R-4 Zone, by Kevin Howell
Construction (File No. FP-O4-046).
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, Kevin Howell, has applied for Final Plat approval of 72 single-family
residential building lots and 15 common lots on 31.35 acres of land for Fulfer Subdivision No.
3. This phase was preliminary platted under the name of Lochsa Falls Subdivision. Mr. Howell
purchased the property ITom the Lochs Falls developer and intends to develop it in compliance
with the approved preliminary plat.
Fulfer Subdivision No.3 is located approximately lAmile east of N. Ten Mile Road on the
north side ofW. McMillan Road in the SW 14 4ìSection 26, TAN., R.IW.
The current zoning designation for the proposed subdivision is R-4 (Low Density Residential).
This subdivision will have a gross density of 2.3 d.u.lacre and a net density of 3.9 d.u.lacre.
The common lots within the subdivision consist of landscape, open space, and drainage lots
and will be owned and maintained by the Homeowners Association. The pressurized irrigation
system within this development will be owned and maintained by Settler's Irrigation District.
FP-O4-020
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4.
FP-O4-020
Planning & Zoning CommissionlMayor & City Council
Hearing Date: August 24, 2004
Page 2
A Conditional Use Permit/Planned Development was approved for the proposed subdivision
which allowed for reductions to the minimum requirements for lot size, lot frontage, setbacks,
and house size. It also allowed for blocks within the subdivision to exceed the maximum block
length of 1,000 feet.
In phase 8 (fka phase 10) of Lochsa Falls, Tignes Avenue was relocated further to the north
causing the elimination of one lot. That lot is being shifted to this phase. Lot lI, Block 18 was
added as a building lot in what was originally approved as an open space area. The applicant
states that the resulting reduction in open space has been made up for in previous phases of
Lochsa Falls and that the overall open space area actually exceeds the amount that was
originally approved on the preliminary plat. Staff has no objection to this change.
Staff did, however, request that this [mal plat receive a public hearing because of the relocated
lot. The relocated lot has the greatest impact on two buildable lots in Lochsa Falls (Lot 2,
Block 22, Lochsa Falls #7 and Lot 1, Block 22, Lochsa Falls #4). It is Staffs understanding
that these lots have been sold to builders and are currently being marketed for sale. Because
neither the applicant nor the Lochsa Falls developer owns these properties, staff felt it was
import to notify the new property owners and afford them the opportunity to comment on the
final plat.
Staff recommends approval of the final plat for Fulfer Subdivision No.3 with the comments and
conditions stated in this report.
SITE SPECIFIC COMMENTS 1 FINAL PLAT
1.
Applicant is to meet all terms of the approved conditional use permit (CUP-02-0I2),
preliminary plat (PP-02-009) and Development Agreement (Ins!. No's. 103012598 &
104022054).
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 shall
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.
Fencing must be in compliance with MCC l2-4-l0.
Temporary construction fencing to contain debris shall be installed along the boundaries
of this phase unless fencing already exists at the subdivision boundaries.
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
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13.
l4.
FP.O4-O20
Planning & Zoning Commission/Mayor & City Council
Hearing Date: August 24, 2004
Page 3
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 II 0% 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 to this site shall be via extensions ITom
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.
6.
Complete the Certificate of Owners and accompanying Acknowledgment prior to
signature on the final plat.
7.
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.
8.
Submit a recorded copy of the ingresslegress easement for Lot 8, Block 7, prior to
signature on the final plat if this lot is to remain in the ownership of the Homeowners
Association.
9.
Clarify note #14 to explain ownership and maintenance responsibility of Lot 8, Block 7.
10.
Coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision
per preliminary plat finding #C.I.h., pg. ll.
l1.
Complete book and page numbers of adjacent recorded plats.
12.
Stormwater drainage swales must be in compliance with MCC 12-13-14.
Revise the landscape plan as follows:
a.
Detached sidewalks are required along McMillan Road. The minimum width of
the parkway area between the curb and sidewalk is five feet.
Rock sump inlet areas may not exceed 5- feet in any horizontal dimension.
b.
Revise or add the following notes on the face of the plat:
a.
Add the following text to the end of note #l: ".. .Idaho. unless otherwise modified
bv CUP-02-0l2."
Note #11: Complete recording information.
Note #12: Complete recording information.
b.
c,
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6.
7.
FP-O4-o2O
Planning & Zoning CommissionlMayor & City Council
Hearing Date: August 24, 2004
Page 4
d.
Note #13: Complete recording information.
Note #l4: Include recording information for ingresslegress easement.
e.
l5,
Developer shall coordinate mailbox locations with the Meridian Post Office.
l6.
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
I.
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 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.
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 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.
4.
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.
5
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 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.
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Planning & Zoning CommissionlMayor & City Council
Hearing Date: August 24, 2004
Page 5
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Fulfer Subdivision No.3 with the above stated
comments and conditions.
FP-O4-O20
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