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Rock Creek Subdivision FP BEFORE THE MERIDIAN CITY COUNCIL C/C January 4, 2005 IN THE MATTER OF THE APPLICATION OF ROB BABNEAU - BIG VIEW BUILDERS FOR APPROVAL OF 25 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 Y. OF THE SW Yo 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-O4-078) Page 1 of 4 PORTION OF THE NE Y. OF THE SW Y. OF T. IN., 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 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, 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 Nampa 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 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 [mal 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 4tt-- day of -=On I I llYlJ ,2004. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROCK CREEK SUBDIVISION NO.1 (FP-O4-078) Page 3 of 4 Attest: By: ..1.h~"( t III' City Clerk's Office Dated: \-2I-or; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROCK CREEK SUBDIVISION NO.1 (FP-O4-078) Page 4 of 4 MAYOR Tammy de Weerd olfe;;dltrn CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird 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 ðlf John Boyd, Engineering Tech. II 7¿6 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 (I) 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 \4of Section 12, T.3N., RIW. 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 lot/playground, 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 of the 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. IS-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 of 5 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 final 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 ofthe 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"p.:' Rock Creek Sub FP.doc Transmittal Date: December 14, 2004 12. 13. 14. FP-04-078 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 the pressurized irrigation system within this development (private home owner's association or irrigation district.) 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 final 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 NMID 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: Deçember 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. 15. Prior to issuance of building peITllits, a peITllanent vehicular crossing of the Ninemile Drain shall be constructed. 16. Revise or add the following notes to the face ofthe plat: ßl 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. fQJ. "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." í2J "The developer and/or owner shall complv with Idaho Code 31-3805 pertaining to irrigation water rights." D.QJ. "The bottom elevation of all structural footings shall be set a minimum of 12- inches above the highest established noITllal groundwater elevation." Correct the bearing quadrants of the first and sixth legs of the boundary legal description of the 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 PeITllit does not relieve Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. FP-04-078 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: Deçember 14. 2004 6. Mayor & City Council Hearing Date: December 21, 2004 Page 5 of 5 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. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter /Tom 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. FP-O4-078 Exhibit "A:' Rock Creek Sub FP.doc Transmittal Date: December 14, 2004 F- '-./' RECEIVED DEI.: 2 8 2OO't '...-' City ,,¡ Meridian City Clerk Office '1tc.~&.~.~~ 1503"fIRST S1IIEfT SOUtH NAMPA, lDAHÖ 83651.4395 . fAX " 208s163.0092 21 December, 2004 Ph....: Area Cod. 208 OfACE: Nampa 466-7861 SHOP: Nampo466-0663 lohn Ramison ReDI1Ï8O!1 Engin,eerlng !12~S.. Eagle Road, Suite B , EagIe, D> 83616 IRE: ROck CÌæk S~ Dear lo1iiJ: Nampa & Mèridian IrrlgitÍOn DistriCt basre!:CÌved and nMeWed plans for thi: aboye- mentiÔi:Jed project. Stoml wateril being retained, Onsite. This' is açëeptable and meets Nampa & MllriðianIrrigationDistrict'8 requirements. ' Preøsutc inigation Bppem to be acceptable and will be conniICted to the existing pump st. that wiIÌ have to be ~ pump station increased to accommodatepreaaure and flow tOr the adðition ,to this pump station. Eœ1osed is a new stau.dani tOr services, wbich ia only acoeptIible byNampa & Meridian kription District. Please make those clJmges and contaøt the District's attorney, Ms. Laura Burri at 342-4591 and ask,that she prepare an UrbaDContract that will allow you to hook-up ,to our existing system. Once thisagreem.x - been signed and returned it will be preseøted to the Diatrict's Board of Directors Cot their collSÍderatiøn at the next available boardmoeting. , Nine-Mile Drain courses through the center of this proposed project. The easement on the Nine-Mile Drain is one hutu:Ired (100)-feet, fifty-foot ceI1ter each side. The crossing is proposed in the Nine-Mile Drain. All neW crossings in the Nine,.Mile, through this area, must be forty-eight (48}in1:b. you are proposing a Class Upipe Corthe crôssing. This will be acceptable provided it meets highway standards tOr Ada County for emergeocy vehicles, load IiDIits and such. '-Jon APPROXIMATE IRtI1GA6I., ACRES RJVER FLOW RIGHTS 23,000 _?~- J~ 12 'æ 17'1111 FR CITY CF MERIDIFt4 2Ø6 888 4218 TO p..q..¡ )-Z P.01/11I1 ..j J Job RIIIIIIÌKIII ItoekCœek 21 DecaIIber. ~ P.1o£1 Head walls -!ÌP-rap will be required on both en4s 118 well as cwb cuts \»l both sides of }'O1!1" c:roøsing, on both aides òr tU drain ditch to alloW Nampa 8t Meridian Irrigation J)iøtrict toma:iatain this facility aøueded. This win ~. Cmning. A¡tRemcnt as woll as lID~roachmant Agreement with the Distriol. Your propoøod pipius orb 1WtJodse ~ appeorø.1I:I be aœeptable- However, replaGing the headwal1wh8rc you. start and not mak.iDg a c1eøn-oat boJ<' could be a mis1ake. It would probably be bcttIIr to. make a clean-oUt box: at your beginning and a three comer box at tiu: ou.. end for whoa tiu:yCOÐÛllla on. at a Jatcr date with the pipetioe. EnCtOllduneah will also be rcquind to bave: a Li- ~t ön this fllCility .aIso. Pleuo contact thøDistrict'a anomer, Bryce Farris at 342-4591 .&1111. ask that tie l'rcpil:re this doo;umart. Orwotbiaa¡:roemeat bæ becII $ipdand rctDmcd ¡twill be presenle\l.to tho Dialrict's ¡;Soard. ofDiracloø Jbr tbeirCOllllideration at 1M _t avai18b1e bc;>a.rd ~. All work wi1bin Nøpa8t Meridian Irrigation District's faI:iI.iIics must be dong by Ma:o)t 1 5, 2OOS in order to 1xI prepared for tiu: 2OOS Water SOIIØOD. If you have any furtha: q~ pIoase feCll free to give DIÞ a call. SiDøøly, " J/N.- "- Bill Henccm. Asst WaterSUparÏtlliII1dm Nampa& Meridianlrripticm District BWdbg c: Walor Supor\aItItdm>I J Jabn 8bup B~FmiI Lama Burri ci:!By~ T_ð CJiJ1Ioø IWIet 4 FiIa-OfIbISbap BNCL ** TOTAL PI'¥JE.l1Il ** "-",,. '0"