HomeMy WebLinkAboutRock Creek Subdivision FP-04-078
BEFORE THE MERIDIAN CITY COUNCIL
CIC January 4,2005
IN THE MATTER OF THE
APPLICATION OF ROB BABNEAU
- BIG VIEW BUILDERS FOR
APPROVAL OF25 MULTI-FAMILY
BUILDING LOTS AND 1 OTHER
LOT ON 7.48 ACRES IN AN R-15
ZONE LOCATED AT 1103 WEST
PINE A VENUE ARE-SUBDIVISION
OF LOT 3, WEST LAWN
SUBDIVISION SITUATED IN A
PORTION OF THE NE % OF THE
SW % OF T. 3N., R. IW., SECTION
12.
CASE NO. FP-04-078
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 January 4,2005, and the Council finding that the Administrative
Review is complete from 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: January 4,2005, 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 ROCK CREEK SUBDIVISION A RE-
SUBDIVISION OF LOT 3, WEST LAWN SUBDIVISION SITUATED IN A
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ROCK CREEK SUBDIVISION NO.1 (FP-04-078)
Pagelof4
PORTION OF THE NE ~ OF THE SW ~ OF T. 3N., R. lW., SECTION 12,
BOISE
MERIDIAN,
MERIDIAN,
ADA
COUNTY,
IDAHO
2005,
HANDWRITTEN DATE: 11/22/04, SHEET I OF 2, RENNISON ENGINEERING,
PLLC", BIG VIEW BUILDERS, Developer, is Conditionally Approved subject to
those conditions of Staff comments as set forth in the Memorandum to the Mayor and
City Council ITüm 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: January 4, 2005, listing 22 SITE SPECIFIC
REQUIREMENTS/FINAL PLAT and 6 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 response letter from N ampa
and Meridian Irrigation District, 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 from the action of the Council taken at their
January 4, 2995 meeting as follows, to-wit:
1.1
Adopt the Recommendation of the Nampa and
Meridian Irrigation District as follows:
The Land Use Change Application has, as yet, been
completed. Therefore Nampa & Meridian Irrigation
District has been unable to complete its review. All
comments will be withheld until such a time as the
review has been complete a signed Urban Contract
has been filed, any and all encroachment and crossing
agreements are in place for this proposed project.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ROCK CREEK SUBDIVISION NO. I (FP-O4-078)
Page 2 of 4
2.
The fmal 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
andlor 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 REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuantto 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.
By action of the City Council at its regular meeting held on the 4-tk
day
of--=OnllarL)
,2004.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ROCK CREEK SUBDIVISION NO.1 (FP-O4-078)
Page 3 of 4
Attest:
By: ,-1-"-~AQ' n,.
City Clerk's Office
Dated:
\ - '2..\ - Ot;
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ROCK CREEK SUBDIVISION NO.1 (FP-04-078)
Page4of4
MAYOR
Tammy de Ween!
olfe;;;¡ÛrH
IDAHO
CITY HALL
(208) 888-4433 - Fax 887-4813
CITY COUNCIL MEMBERS
Keith BiId
Christine Donnell
Shaun Wardle
Charles M. Rountree
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211- Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
STAFF REPORT:
City Council Date: January 4, 2005
To: Mayor & City Council
From: Sonya Allen, Assistant City Planner ð4.
John Boyd, Engineering Tech. II 9z6
Re: Rock Creek Subdivision
Request for Final Plat Approval of Twenty Five (25) Building Lots and One (1)
Common Lot on 7.48 Acres in an R-15 Zone for Rock Creek Subdivision, by Big
View Builders, Inc. (File No. FP-O4-078)
We have reviewed the above-referenced submittal 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, Big View Builders, Inc., has requested final plat approval for twenty five (25)
building lots and one (1) common lot on 7.48 acres in an R-15 zone for Rock Creek
Subdivision.
The proposed subdivision is located at 1103 W. Pine Ave., in the SW 'Aof Section 12, T.3N.,
R.IW.
The proposed building lots will consist of 23 multi-family residential building lots, each
containing one four-plex structure, for a total of92-units, and 2 office building lots. The common
lot will consist of open space, landscaping, parking and a common driveway for the subdivision.
Amenities in the subdivision will consist of a tot lotlplayground, complete with equipment and
benches, horseshoe pits, and a BBQ pit with benches on the north side of the Nine Mile Creek,
and a half basketball court south ofthe creek. Also, a 5-ft. wide pathway is proposed on the north
side of the Nine Mile Creek, extending the full width of the property.
A Conditional Use Permit was approved for this subdivision which required the four-plex
structures to conform to the following standards: min. 12-ft. rear setback for interior lots and
min. 15-ft. rear setback for perimeter lots; min. 5-ft. side setback (measured to property line);
min. 12-ft. front setback (measured from back of sidewalk); construction materials used on the
Exhibit "A"
Mayor & City Council
Hearing Date: December 21,2004
Page 2 of5
structures with modified setbacks/separation must be approved by City of Meridian Building
Department and in accordance with the most recent International Building Code.
The submitted fmal plat substantially complies with the approved preliminary plat.
Staff recommends approval of the final plat for Rock Creek Subdivision with the comments
and conditions stated in this report.
SITE SPECIFIC REOUIREMENTS
FP-04-078
1.
2.
3.
4.
5.
Applicant is to meet all terms of the approved Rezone (RZ-04-002), Preliminary Plat (PP-
04-005), and Conditional Use Permit (CUP-04-006) for Rock Creek Subdivision.
If permanent perimeter fencing is not proposed, temporary construction fencing to
contain debris shall be installed at the subdivision boundary prior to issuance of building
permits. All proposed fencing must be in compliance with MCC 12-4-10.
If the existing barbed wire fence along the east boundary of the property is located on the
subject property, it must be removed prior to issuance of building permits.
The applicant shall provide for a public pedestrian easement for the pathway along the
creek to allow for the extension of the pathway to the east.
Provide a Fire Department and. Planning & Zoning Department approved secondary
vehicular access to serve the lots south of the Nine Mile Creek prior to issuance of the
12th four-plex building permit within the subdivision.
Revise the landscape plan dated 11/12/04 and prepared by South Landscape Architecture,
as follows:
a.
A min. 5-ft. wide landscape buffer is required along the southern boundary of the
subdivision. Said landscape buffer may be included in the existing irrigation
easement if a license agreement is obtained from NMID. If one cannot be
obtained, provide a min. 5-ft. wide landscape buffer outside of the easement.
Include fencing symbol in the legend. Also, include fencing details (i.e. type,
height, construction materials).
Include calculations table on the landscape plan.
Pathway on the north side of the Nine Mile Creek must be asphalt instead of
gravel.
A min. 7-ft. wide sidewalk is required along Pine Avenue.
Revise the landscape plan to add a permanent barbeque pit to the common area on
the north side of the Nine Mile Creek (per CUP-04-006, condition #3, pg. 4).
b.
c.
d.
e.
f.
Exhibit "A"
Rock Creek Sub FP.doc
Transmittal Date: December 14, 2004
13.
14.
FP-O4-078
Mayor & City Council
Hearing Date: December 21, 2004
Page 3 of5
6.
Street signs are to be in place, water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
7.
All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
8.
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
9.
Sanitary sewer service and municipal water to this development shall be via extensions
from existing mains. Applicant will be responsible to construct, or re-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 form of easements, for any mains that are required to provide service.
10.
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.
11.
The applicant has not indicated who will own and operate' fue pressurized irrigation
system within this development (private home owner's association or irrigation district.)
12.
Underground year-round pressurized irrigation must be provided to all lots within this
development (MCC 12-5-2.N).
The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any
existing surface or well water for the primary source. If a surface 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 common areas prior to signature on the fmal plat by the City
Engineer. If the system is to remain private, a draft copy of the pressurized irrigation
system O&M manual must be submitted prior to plan approval.
Submit an encroachment agreement with NMID for all improvements located within the
Nine Mile Creek easement.
Submit a License Agreement with NMlD for the landscaping within the easement for the
Rutledge Lateral and the Nine Mile Drain prior to signature on the Final Plat. If a license
agreement cannot be obtained for the proposed landscaping, trees shall be planted in
Exhibit "A"
Rock Creek Sub FP.doc
Transmittal Date: December 14, 2004
17.
18.
19.
20.
21.
22.
Mayor & City Council
Hearing Date: December 21, 2004
Page 4 of 5
accordance with MCC outside of the easements. Make any changes necessary on the
landscape plan.
IS.
Prior to issuance of building permits, a permanent vehicular crossing of the Ninemile
Drain shall be constructed.
16.
Revise or add the following notes to the face of the plat:
ill Add note regarding Right to Farm Act
ŒJ. Add note calling out the common lot(s) within the subdivision and who will be
responsible for their ownership and maintenance.
{QJ "Anv re-subdivision of this plat shall be in compliance with the most recentlv
approved subdivision standards of the Citv of Meridian."
ill "Building setbacks and dimensional standards in this subdivision shall be in
compliance with Title 11 and Title 12 of the Meridian Citv Code unless otherwise
modified bv Conditional Use Permit (CUP-04-006).
ŒJ. "Maintenance of anv irrigation or drainage pipe or ditch crossing a lot is the
responsibilitv of the lot owner unless such responsibilitv is assumed bv an
irrigation/drainage district."
ŒJ "The developer and/or owner shall complv with Idaho Code 31-3805 pertaining to
irrigation water rights."
Q.QJ. "The bottom elevation of all structural footings shall be set a minimum of 12-
inches above the highest established normal groundwater elevation."
Correct the bearing quadrants of the first and sixth legs of the boundary legal description
ofthe Certificate of Owner's .
Complete the Certificate of Owners and accompanying Acknowledgment.
Graphically depict a 5-ft. wide landscape buffer on the plat along the southern boundary
of the development outside the NMID easement for the Rutledge Lateral.
Delete the "Approval of Planning Commissioner" Certificate from page two of the plat.
Add a Certificate for the "Ada County Highway District" to page two of the plat.
Staff's failure to cite specific ordinance provisions or terms of the approved Development
Agreement, Rezone, Preliminary Plat or Conditional Use Pennit does not relieve
Applicant of responsibility for compliance.
GENERAL REOUIREMENTS
1.
FP-04-O78
Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided per City
Exhibit "A"
Rock Creek Sub FP.doc
Transmittal Date: December 14, 2004
FP-04-078
Mayor & City Council
Hearing Date: December 21, 2004
Page 5 of5
Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate
irrigation/drainage district, or lateral users association to the Public Works Department.
2.
Remove any existing domestic wells and/or septic systems within this project from 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.
Install 250-watt, high-pressure sodium streetlights at locations designated by the Public
Works Department. Street light contractor shall obtain an approved design and permit
from the Public Works Department prior to commencing installations.
4.
Replace any tree over four (4) inch caliper that is removed from the property with an
equivalent number of caliper inches of trees. (Required landscape buffer trees will not be
considered as replacement trees for those trees that have to be removed.)
5.
Submit compaction test results to the Meridian Building Department for any building
pads within lots receiving engineered backfill.
6.
Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire
Department to determine fire flow requirements. Provide a letter from the Fire
Department stating required fire flow requirements prior to final plat approval.
RECOMMENDATION
Staff recommends approval of the final plat with the above stated comments and conditions.
Exhibit "A"
Rock Creek Sub FP.doc
Transmittal Date: December 14,2004
f ;
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......,./
RECEIVED
DEC 28 ~
'~../
City of Meridian
CityCterk Of,fico
'1Iclllfldl II ~ ~ÜJ4túHf ~
1503 FIRST 5IREÐ SOU1H NAMPA,IDAHO83ð51.439S
fAX # 208-.463-0092
21 December, 2004
fha_: Ánoa Cade208
OffiCE:, Nampo 466-7861
SHOP, Nampo466-0663
John. Rmniøon
ReaniøoJ) Bngi,neering
112~S,Bagk Road, Suite B,
Eagle, U> 8.361(i .
iRE: Rack cieekSilb~D
Dear John:
Nampa & Méridilln IrÌiptianDistrict has reCeived and revieWed plans Corthè above~
mentiòiœd project. stami wateril being retainedi;msite.. This,is açéeptableand meets
Nampa & Merillianlrriga1ioaDiøtrict's req~ents.
l'resøurC irrigation appeaia to be aeceptable and will be œDnected to the existing pump
station that wil1 have to be updated, pump stlUion increased. to accommodate pressure and
flow for the ad4ition to this pump station.
Enclosed is a new standaId for services, whìch is only açceptable by Nampa & Meridian
Irrigation District. Pleøso make these ~gc:s and COQW:t theDistrict'sattomey, Ms.
Laura Burri at 342-4S9J and ask,that she prepare aD thbanContract that \\:'ill allow you
to hook-up to our existing syatIm. Once this.agree¡nont has been signed and returned it
will be presented to the Dislrict's Board of Directors for their consideratiQn at the \teXt
available board ~.
,
Nine-Mile Drain coursos thtOugb. the center of this proposed projeclTh" easement on
the Nin&-Mile Drain is one hundred (IOO}feet, fifty-foot center each side. The crossing
is PßlPosed in the Nine-Mile Drain. All new croSsings in the Nine-Mile, through this
area, must be forty-eight (48}incb. you are proposing a Class n pipe for the crossing.
This will be acceptable provided it meets hìghway staDdards for Ada County for
emergency vehicles, load limits and such.
"lot2
APPROXIMATE IRRIGAßLf ACRES
RIVER flOW R~S' 23,000
-,~---
IAN 12 '25 17'01 FR CITY CFMERIDII't>!
.2œ eee 4216 TO ~Z
P.01/Ø1
,j
'-../
Job""'--
~c.k
21 ~. 2004
Paso 10£1
Head walls aud !iP-rap will be required an bQth cods III wen III ~ cub an both $ides of
your Ct'OB8ÏDg, on bothtli- õfthe drainditclt to allow Nasnpa &. Meridian Irrigation
District \0 maintain ~s faGi1ity as øed.ed. This win require a, Crossin8 Agreemcnt as
well as ìIIEncroac,htnclnt AgreorJI8I1t withtM Distriot.
Your proposed pipins oftbo R.utlocIaoLaœral'appe8Ø to beSŒepblblc. Howcvct,
replaoing the hoadwall where you IItarl - not makiDa . c1csn-ðUt box could be a
mi~. It would probably be be1tar to,1IIIIke a clcan-out box at your beginning snda
three comer box at the otla cod fat wMn they øcmtiJIue o¡¡, at a lat« ,date with the
pipeline.
EncroschfnciDta will aI8o be rcquind to have a LiceIIIIo ~t on this facility also.
Please èontact: tbeDistriet'8 attoDIIIy, Bryce Farris at 342-4591 aud ask that þe prepare
thi£ c!ocumart. ()nçe this 1IrO-- hils beeD $igncd ami returned. it will be presented. to
the DisI:riot's ~oard of])irrx¡ m:a1brtbøir consi.dmatian at the JIQt a:VaiJ,abl6 bQard
1IYIØtiDa.
All work within Nunpa &.)(esridÏIIþ 1rriptÌOÐ Di&triet's faciliûcs must bedono by March
1 5, 2005 in Otdc:r to Dç pNp8mI for the 2005 Wat« SaIsoD..
If you have any 1Iu'thCIr qucsticml. ploue feel free to iii va me a call.
gi.nceœly.
~/Iø~.. "-
Bill Henson. Aast. W at« S~
Narnps &. Meridi811 hriptionDistrict
BHlI.ib¡
c: Woœr~
, JobB Sbup
B,yceFmis
'/..Bun. Burri
,ê.'It;-Modd/III&,
Ted C1ÌDIÐD
Rider 4
FIIe- Oßb/Sbap
BNCL
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