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HomeMy WebLinkAboutMilliron Subdivision FP-05-002 BEFORE THE MERIDIAN CITY COUNCIL C/C February 1, 2005 IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR APPROVAL OF 83 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 25.86 ACRES IN AN R-4 ZONE LOCATED ON THE NORTHEAST CORNER OF NORTH BLACK CAT ROAD AND WEST CHERRY LANE IN THE SW ';<\ OFTHESW ';<\ OFT. 3N., R. lW., SECTION 3 CASE NO. FP-05-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter corning before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on February 1, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 1, 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 MILLIRON PLACE SUBDIVISION LOCATED IN THE SW y., OF THE SW y., OF T. 3N., R. IW., SECTION 3, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLIRON SUBDIVISION I (FP-O5-002) Page 1 of4 HANDWRITTEN DATE: February 1, 2005, SHEET 1 OF 5, BAILEY ENGINEERING, INc.", DYVER DEVELOPMENT, LLC, 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 Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 1, 2005, listing 26 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 9 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 Joint School District No.2, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from N ampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "c" and consisting of 1 page, and by this reference incorporated herein. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLIRON SUBDIVISION / (FP-O5-002) Page 2 of 4 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 ofthis 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 'I~ day of Fe bnJo..') ,2005. By: _J ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLIRON SUBDIVISION / (FP-O5-002) Page 3 of 4 By: :khOl~ City Clerk's Office Dated: 2- 24 .m; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLIRON SUBDIVISION / (FP-O5-002) Page 4 of 4 MAYOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax (208)898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shann Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 FAX 888-6854 STAFF REPORT: Hearing Date: February I, 2005 To: Mayor and City Council Sonya Allen, Assistant City Planner J'f Bruce Freckleton, Development Services Manager~ From: Re: Milliron Subdivision Request for Final Plat approval of Eighty-three (83) Single-family Residential Building Lots and Five (5) Common Lots on 25.86 Acres in an R-4 Zone by Dyver Development, LLC (File No. FP-O5-002). 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, Dyver Development, LLC, has applied for Final Plat approval of 83 single-family residential building lots and 5 common lots on 25.86 acres ofland for Milliron Subdivision. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). The proposed gross density of the subdivision is 3.21 dwelling units per acre. The proposed net density is 4.1 dwelling units per acre. Milliron Subdivision is located on the north-east corner of Black Cat Road & W. Cherry Lane, in the SW y., of Section 3, T.3N., RIW. The submitted final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Milliron Subdivision with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-04-034) for this subdivision. FP-05-002 Exhibit "A" Milliron Sub FP.doc Mayor & City Council Hearing Date: February 1,2005 Page 2 2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. Revise or add the following notes on the face ofthe plat: f7.f Delete note, no longer required on plat. (10.) Complete Record of Survey No. (II.) "...is prohibited l:IRlesa sJ3eeiíieally allowed BY tfle f.àa COURt)' Higftv:ay Diatriet aad City of Meriàiaa." 4. The landscape plan shall be revised as follows: a. Lots 7-17, Block 1 (north boundary) shall have a 6-ft.solid vinyl fence. Desert- type landscaping (e.g. no irrigation) shall be installed north of the fence on Lot 6, Block 1 per Preliminary Plat Finding Exhibit C, #I2.a. Lots 17-20, Block 1 and Lots 1-4, Block 5 (east boundary) shall have a 4-ft. solid vinyl fence. Show the common lot, Lot 6, Block 1, on the landscape plan. Show the location and materials proposed for the dry stream bed on Lot 9, Block 6, also show contours for all drainage areas. b. c. d. 5. The applicant has indicated that 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 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. 6. 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. 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 8. The pathway proposed on Lot 9, Block 2 must be constructed to ADA standards for handicap accessibility. 9. Include in the CC&R's for this subdivision that Lots 7 - 20, Block 1 and Lots 1-4, Block 5 shall have a minimum house size of 1,700 s.f. per dwelling unit for single story units and 1,900 s.f. per dwelling unit for two story units (per Preliminary Plat Finding Exhibit C, #11). FP-O5-002 Exhibit "A" Milliron Sub FP.doc Mayor & City Council Hearing Date: February 1, 2005 Page 3 10. 11. 12. 13. 14. 15. 16. Include in the CC&R's for this subdivision that the rear yards of Lots 17-20, Block 1 and Lots 1-4, Block 5 (east boundary) shall include a minimum off our (4) trees, seven (7) 5- gallon shrubs, and seven (7) I-gallon shrubs (per Preliminary Plat Finding Exhibit C, #12.b.). The applicant shall incorporate into the Milliron Subdivision Conditions, Covenants and Restrictions the nine (9) bullet items pertaining to home construction materials, fencing, pathways, landscaping and other areas (entitled "Milliron Subdivision") and which is attached as Exhibit D to the Findings of Fact and Conclusions of Law. All items shall be enforced as written unless otherwise modified by the Site Specific Conditions in Exhibit C (per Preliminary Plat Finding Exhibit C, #13). The vacation of the existing Idaho Power Co. power line easement shall be approved by all applicable agencies prior to the City Engineer signature of the final plat. At time of final plat, applicant/contractor shall ensure all trees are located in such a manner as to not create a conflict with the gravity drainage line shown in Lot 1, Block 6 and Lot 9, Block 5 (the Cherry Lane Street buffer) per Preliminary Condition #5a., exhibit C. All areas being counted toward the 5% open space requirement shall be free. of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. Prior to City Engineer signature on the final plat, submit a copy of an executed license agreement with Settlers Irrigation District that allows the encroachment of the Settlers Canal, Milliron Lateral and the Stewart Lateral easements, unless otherwise waived by the City Engineer. 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. 17. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 18. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 19. Sanitary sewer and water service to this site shall be via existing mains. The 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 FP-05-002 Milliron Sub FP.doc Exhibit "A" Mayor & City Council Hearing Date: February 1, 2005 Page 4 20. 21. 22. 23. 24. 25. 26. execute City of Meridian standard forms of easements, as well as License Agreements with the appropriate jurisdiction for any mains that are required to provide service. Portions of this development shall be subject to latecomer's fees to reimburse those responsible for extending water service into the area. Latecomer fees for each applicable lot shan be due and payable prior to signature on the final plat by the City Engineer. 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. Correct the bearing (N 00°35'31" E) for the tie from the section line to the Real Point of Beginning. It appears that it should read (N 00°45'31" E). Add the distance dimension to the west side of Lot 6, Block 1. Add cross hatching or some other pattern to the easement areas covered by Note 2. 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. All storm drainage must be in compliance with MCC 12-13-14, Stormwater Integration. Staff s failure to cite specific ordinance provisions, or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 2. 3. 1. Any tree over 4" in caliper that is removed from the property shall be replaced by instaning 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. Any existing domestic wens and/or septic systems within this project will have to be removed 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. Two-hundred-fifty and IOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. An streetlights shan 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 shan obtain design and permit ITom the Public Works Department prior commencing instanations. 4. Compaction test results must be submitted to the Meridian Building Department for an building pads receiving engineered backfill, where footing would sit atop fill material. FP-O5-002 Exhibit "A" Milliron Sub FP.doc Mayor & City Council Hearing Date: February 1, 2005 Page 5 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. 6. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the EnviroIlIÌlental Protection Agency. 8. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 9. 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-O5-002 Exhibit "A" Milliron Sub FP.doc ,-rc\* .'.~" . N, Joint School District No.2 911 Meri<:ijan Road . Meridian, Idaho 83642 . (208) 855-4500 . Fax (208) 888-6700 SUPERINTENDENT Dr. Unda Clark Januaryl3,2oo5 RECEIVED JAN 9 2005 City of Meridian 33 East Idaho Meridian, Idaho 83642 City of Meridian City Clerk Offic. Dear Planners: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughoutthe district are operating over capacity. Approval of Millron Subdivision will have a significant impact on school enrollments at ChauarraI Elementarv. Meridian Middle. and Meridian Him School. We can.prcdict that these homes, when completed, will house twenty-five (25) elementary aged children. twenty-three (23) middle school aged children, and seventeen (17) senior high aged students. Additional students will further compound the current ovemrowded situation. Residents cannot be assured of attending the neighborhood school, as it Iilay be necessmy to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School Dis\rict is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact. me at 888~670 1. ~incerely, ~~ Wendel Bigham Supervisor ofFaciHûes and Construction - '1f" 'q~ RECEIVED JAN2~2œi City of Meridi~n City Clerk Ollie< 'He-fM' " ~ ~. ~ 1503 FIRST STREET SOUTH NAMPA, IDAHO.B3651-4395 FAX # 208'463.0092 19 January, 2005 I'hoo.,. Area Cod. 208 OfFICE; Nampa 466-7861 SHOP' Nampo 466.0663 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RE: FP 05-002!M111iro11 SubdivisIon Dear Will: Drainage is being retained onsite and there is no impact on any Nampa & Meridian lnigation District facilities, Therefore this proposed project appears' acceptable to the Nampa & Meridian lnigation District Sincerely, ~-NI'~ Bill Henson Asst. Water Superintendent Nampa& Meridian Irrigation District BHldbg C: File-Office/Shop _-C-' APf'!'OXlMATE IRRlGAßIf ACRES RIVER FLOW RIGHTS .. 23.000