Milliron Subdivision FP
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 ';4 OF THE SW ';4 OFT.
3N., R.IW., SECTION 3
CASE NO. FP-05-002
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 February I, 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 I, 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 % OF THE SW \4 OF T. 3N., R. IW., SECTION 3,
BOISE
MERIDIAN,
MERIDIAN,
ADA
COUNTY,
IDAHO
2005,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MILLIRON SUBDIVISION / (FP-OS-OO2)
Page 1 of 4
HANDWRITTEN DATE: February I, 2005, SHEET I 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
I, 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 I page, and by
this reference incorporated herein, and the response letter from Nampa & Meridian
Irrigation District, a true and correct copy of which is attached hereto marked Exhibit
"c" and consisting of I 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 I (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 of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
Is\-
day
of Fe brùo.-")
, 2005.
By:
Attest:
Copy served upon Applicant, the
City Attorney.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MILLIRON SUBDIVISION I (FP-O5-002)
Page 3 of 4
By: =1 ~Ol mÀ~
City Clerk's Office
Dated: 2- '2.4 'OG
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MILLIRON SUBDIVISION I (FP-O5-002)
Page 4 of 4
MAYOR
TammydeWeerd
)
olferi di!t
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 Fax (208)898-955\
crry COUNCIL MEMBERS
Keith Bini
Christine Donnell
Shaun Wanlle
Charles M. Rountree
IDAHO
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533' FAX 888-6854
STAFF REPORT:
Hearing Date: February 1,2005
To:
Mayor and City Council
Sonya Allen, Assistant City Planner JIi
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 ofthe 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 \4 of Section 3, T.3N., R.1 W.
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-OS-OOZ
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 of the plat:
W Delete note, no longer required on plat.
(10.) Complete Record of Survey No.
(11.) ".. .is prohibited aaless ~eeifi6all)' alley/ed 13)' the AEla Coanty Higlrsay DistFÌet
anti City ofMeriàian."
4.
The landscape plan shall be revised as follows:
a.
Lots 7-17, Block I (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 I per Preliminary Plat Finding Exhibit C, #12.a.
Lots 17-20, Block I and Lots 1-4, Block 5 (east boundary) shall have a 4-ft. solid
vinyl fence.
Show the common lot, Lot 6, Block I, 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.
s.
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 I 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
Milliron Sub FP.doc
Exhibit "An
Mayor & City Council
Hearing Date: February 1,2005
Page 3
10.
Include in the CC&R's for this subdivision that the rear yards of Lots 17-20, Block I and
Lots 1-4, Block 5 (east boundary) shall include a minimum of four (4) trees, seven (7) 5-
gallon shrubs, and seven (7) I-gallon shrubs (per Preliminary Plat Finding Exhibit C,
#12.b.).
11.
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).
12.
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.
13.
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 I, Block 6
and Lot 9, Block 5 (the Cherry Lane Street buffer) per Preliminary Condition #Sa.,
exhibit C.
14.
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.
IS.
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.
16.
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-O5-002 Exhibit "A" Milliron Sub FP.doc
Mayor & City Council
Hearing Date: February I, 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 shall 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 I.
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
1.
2.
3.
Any tree over 4" in caliper that is removed from 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.
Any existing domestic wells 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 100-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 from
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.
FP-O5-002 Exhibit "A" Milliron Sub FP,doc
Mayor & City Council
Hearing Date: February I, 2005
Page 5
s.
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 cornpliance 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 Environmental 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
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Joint School District No.2
911 Meridian Road' Meridian,ldaho 83642 . (208) 855-4500 . Fax (208) 888-6700
SUPERINTENDENT
Dr, Linda Clark
January 13, 200S
RECEIVED
JAN1 9 2005
City of Meridian
City Clerk Office
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Dear Planners:
The Meridian School Distri<:t has experienced phenomelUll student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district
are operating over capacity.
Approval of Millron Subdivision will have a significant impact on school enrollments at
ChaoarraI Elementarv. Meridian Middle. and Meridian Hieh School.
We can predict that these homes, when completed, will bouse twenty-five (25)
elementary aged children, twenty-three (23) middle school aged children, and seventeen
(17) senior lùgh aged students. Additional students will further compound the current
overcrowded situation. Residents cannot be assured of attending the neighborhood
school, as it may be necessary to bus students to other schools across the district.
School cepscity is addressed in Idaho Code 67-6508. The MeridiðD School District 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 888-6701.
'Sincerely,
~~
Wendel Bigham
Supervisor of Facilities and Construction
-"8"
-~
RECEIVED
JAN242М
CityofMeridi.n
City Cler-Offic.
""-1M & ~ ~ ~
1503 FIRST S1RfET SOUTH NAMPA, IDAHO 83651-4395
FA)( .208-.463-0092
19 January, 2005
Ph"""" Area Code 208
OFFICE: Nompa ..466186.1
SHOP: Nampa .466-0663
William G. BergJr., City Clerk
City of Meridian
33 EastIdaiio Ave.
Meridian, ID 83642
RE:
FP O5-O02IMiIIinm Subdivllion
Dear Will:
Drainage is being retained onsite and there is no impact on any Nampa & Meridian
Irrigation District facilities. Therefore this proposed project appears acceptable to the
Nampa &. Meridian Irrigation District
Sincerely,
~HI'~
Bill Henson
~st. Water Superintendent
Nampa & Meridian Irrigation District
BHldbg
C:
File. Office/Shop
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APPROXIMA TE "RIGAß~ ACRES
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