Fulfer Subdivision No. 6
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF KEVIN
HOWELL CONSTRUCTION FOR
FINAL PLAT APPROVAL OF 55
SINGLE-FAMILY RESIDENTIAL
BUILDING LOTS AND 10
COMMON LOTS ON 14.91 ACRES
IN AN R-8 ZONE LOCATED
NORTH OF MCMILLAN ROAD
AND WEST OF LINDER ROAD IN
A PORTION OF THE SOUTH Yz OF
THE SOUTHEST % OF T. 4N., R.
1 W., SECTION 26
C/C June 28, 2005
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CASE NO. FP-05-036
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 June 28, 2005, and the Council finding that the Administrative
Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: June 28,2005, 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"PLA T SHOWING FULFER SUBDIVISION NO.6 LOCATED IN
A PORTION OF THE SOUTH Y:z OF THE SOUTHEAST ~ OF T. 4N., R. 1 W.,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.6 / (FP-O5-036)
Page 1 of 4
SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005,
HANDWRITTEN DATE: 05/13/05, SHEET 1 OF 2, 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 from Sonya Allen, Assistant City Planner for the Planning
and Zoning Department and Michael Cole, Development Services Coordinator for
the Public Works Department, dated: Hearing Date: June 28, 2005, listing 15 SITE
SPECIFIC REQUIREMENTS/FINAL PLAT and 15 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 J-U-B Engineers, Inc., 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 an additional response letter from J-U-B Engineers, Inc., a true and
correct copy of which is attached hereto marked Exhibit "C", and by this reference
incorporated herein, and the additional requirements from the action of the Council
taken at their June 28, 2005 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 from 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.6 / (FP-O5-036)
Page 2 of 4
central sewage and central water; that run-off is 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 obtain
current best management practices for stormwater
disposal and design a stormwatermanagement 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:
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.6 1 (FP-O5-036)
Page 3 of 4
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
d8~
day
of -.JI \ f\é" .J
-
,2005.
Attest:
B y; ~ QJ'Y\ k H f\I..J
City Clerk's Office
1-\ \-OS
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.6 1 (FP-05-036)
Page 4 of 4
¡
MAYOR
Tammy de Weerd
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IDAHO
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500' Fax (208)898-9551
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
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PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . Fax 888~6854
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STAFF REPORT:
Hearing Date: June 21,2005
Transmittal Date: June 10, 2005
To:
Mayor, City Council and Planning & Zoning Commission
From:
Sonya Allen, Assistant City Planner (fll
Michael Cole, Development Services Coordinator (V\ C
Re:
Fulfer Subdivision No.6
Final Plat approval of Fifty-five (55) Single-Family Residential Building Lots and
Ten (10) Common Lots on 14.91 Acres in an R-8 Zone, by Kevin Howell, Kelly
Fulfer, and Brenda Fulfer (File No. FP-O5-036).
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 applicants, Kevin Howell, Kelly Fulfer, and Brenda Fulfer, have applied for Final Plat
approval of 55 single-family residential building lots and 10 common lots on 14.91 acres ofland
for the sixth phase of Fulfer Subdivision. The current zoning designation for the proposed
subdivision is R-8 (Medium Density Residential). This subdivision will have a gross density of
3.69 d.u./acre and a net density of 4.9 d.u./acre.
Fulfer Subdivision No.6 is located on the north side of W. McMillan Road and the west side of
N. Linder Road, in the SE ~ of Section 26, TAN., R.1W.
The common areas within this subdivision consist of landscaping, pedestrian pathways, and open
space. The pressurized irrigation system within this development will be owned and maintained
by Settler's Irrigation District.
A Conditional Use Permit/Planned Development was approved for the subdivision which
allowed for reductions to the minimum requirements for lot size and street frontage as shown on
the approved site plan. It also allowed for blocks within the subdivision to exceed the maximum
block length of 1,000 feet.
FP-OS-O36
Exhibit "A"
Fulfer Sub6 FP-doc
Mayor & City Council
Hearing Date: June 21, 2005
Page 2
This subdivision was preliminary platted under the name of Kelly Creek Subdivision. The
submitted final plat substantially complies with the approved preliminary plat for this
subdivision.
Staff recommends approval of the final plat for Fulfer Subdivision No.6 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 annexation (AZ-03-013), development
agreement (Inst. No. 103181095), conditional use permit (CUP-03-028), and preliminary
plat (PP-03-014) for this development.
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 12-4-10 and MCC 12-13-15-9.
4.
Temporary construction fencing shall be installed along the northern and western
boundaries of this phase unless permanent fencing already exists at the subdivision
boundary.
5.
Sanitary sewer service to this site shall be via extensions from existing mains. Applicant
will be responsible to construct the sewer 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. Cover over sanitary sewer mains shall be no less than 3-
feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-
grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public
Works Department's Standard Specifications.
6.
Water service to this site is being proposed via an extension of water mains located in
previous phases of this development. The applicant shall construct water mains to and
through this proposed development. Applicant shall execute City of Meridian standard
forms of easements, for any mains that are required to provide service. Coordinate main
size and routing with Public Works.
7.
Complete the Certificate of Owners and accompanYIng Acknowledgment prior to
signature on the final plat.
FP~O5-036
Exhibit "A"
Fulfer Sub6 FP.doc
Mayor & City Council
Hearing Date: June 21, 2005
Page 3
8.
Complete book and page number of adjacent recorded plat.
9.
The private drive off ofN. Chimney Peak Ave. must be paved its full width and at least
30 feet into the site beyond the edge of pavement of the abutting roadway per ACHD.
10.
Lots 19, 26 of Block 24 do not meet the required street frontage of 40 feet as measured
by the chord. The applicant shall make the necessary adjustments to conform.
11.
The applicant shall move the graphically depicted easement on the south side of Lot 13,
Block 24, to the north side of Lot 14, Block 24. The pressure irrigation main was
designed in, and in direct conflict with, the corridor reserved for water services.
12.
Revise the landscape plan dated 5/23/05 as follows:
a.
Revise calculation table to reflect 29 trees provided along the McMillan Road
frontage instead of 20.
Remove fencing along the western boundary that crosses the private drive to Lot
18, Block 24.
b.
13.
Revise or add the following notes on the face of the plat dated 5/13/05:
(4.)
(7.)
".. . centered on interior side lot lines, and interior rear lot lines unless
otherwise.. ."
Include Lot 44, Block 24 as a common lot.
14.
Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. The project engineer should pay close attention to the results of
field studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the street
centerline elevations are set a minimum of 3-feet above the highest established normal
groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of
homes is at least I-foot above.
15.
Staffs failure to cite specific ordinance provisions or terms of the approved annexation,
preliminary plat, or conditional use permit does not relieve the applicant of responsibility
for compliance.
GENERAL REQUIREMENTS
1.
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.
FP-OS-O36 Exhibit "A"
Fulfer Sub6 FP.doc
Mayor & City Council
Hearing Date: June 21,2005
Page 4
2.
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.
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 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.
5.
Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
6.
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.
7.
Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
8.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
9.
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.
10.
All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation, and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
11.
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.
12.
The applicant is responsible for ensuring that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
13.
Developer shall coordinate mailbox locations with the Meridian Post Office.
FP.O5-036
Exhibit "A"
Fulfer Sub6 FP.doc
Mayor & City Council
Hearing Date: June 21, 2005
Page 5
14.
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.
15.
All grading of the site shall be performed in conformance with MCC 11-12-3H.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Fulfer Subdivision No.6 with the above stated
comments and conditions.
FP-O5-036
Exhibit "A"
Fulfer Sub6 FP.doc
.~8/27/2005 15:17 FAX
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2083233336
@ 001/001
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J..U..B ENGINEERS, Inc.
ENGINEERS. SURVEYORS. PLANNERS
Regional OffiC8
250 South Beechwood Avenue, Suite 201
Boise, ID 83708-0844
208-376-7330
Fax: 208-323-9336
www.jub.com
June 27, 2005
Sonya Allen
City of Meridian, Planning and Zoning Dept.
660 E. Watertower Lane, Suite 200
Meridian. 10 83642
RE:
Fulfer Subdivision No.6 8: 7 - Plat Revfew Comments
Dear Sonya:
With regard to the lot frontages within Fulfer 6 and 7, we are making the required changes to
maintain the minimum frontages as detailed in your staff report dated June 10. 2005 and
further clarified in your emaH to the undersigned dated June 11, 2005. 1 will transmit the
revised final plats under Separate cover.
Thank you for your attention to this matter. Please inform the council that we are in
agreement with the conditions of approval as noted above and have modit1ed the plat
accordingly.
Sincerely,
J-U-B ENGINEERS, Inc-
~
Daren Auke. AICP
Project Planner
F;\ProjectManilgers\GAL\10.05-040. Fulfj!( SUbdMsion No. 7\ 1 0-O5-G40.Admin\City L tr 6-27.0S.doc
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I'\hibil "II"
~6121/20(5 1324 FAX 20832383"
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14!001/006
June 21, 2005
J-U-B ENGINEERS, Inc.
ENGINEERS. SURVEYORS - PLANNERS
Regional Office
250 South B~echwood AvenIJe, Suite 201
Boise, 1063709-0944
20B-37ß. 7331'1
Fax: 208-323-9336
www.jub.com
Sonya Allen
City of Meridian, Planning and Zoning Dept.
660 E. Watertower Lane, Suite 200
Meridian, ID 83642
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*'
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RE:
Fulfer Subdivision No. 6 ~ Plat Review Comments
Dear Sonya:
We have received your plat reView comments dated June 10. 2005, for the above-referenced
project. With regard to th~ Site Specific comments contained there;;', ptease accept the
following:
SITE SPECIFlC COMMENTS I FINAL PLAT
1.
Applicant is to meet all terms of the approved annexation (AZ-OJ-O13), development
agreement (Inst. No. 103181095), conditional use permit (CUP-O3-028), and
preliminary plat (PP-O3-014) for this development.
Duly noted.
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 irrtgation ~tems 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 ;s 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.
Duly noted.
Fencing must be in compliance with MeC 12-4-10 and MCC 12-13-15-9.
Duly noted.
3.
4. Temporary construction fencing shall be installed along the northern and western
" boundaries of this phase unless permanent fencing already exists at the subdivision
boundary .
Duly noted. '.
Sanitary sewer service to this site shall be via extensions from existing mains.
Appl1cant will be responsible to construct the sewer 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 prov;de service. Cover over sanItary sewer mains
5;
F:\Projl!CtManagen;\GAL\10.0S-028 - Fulfer Subdi",i510f1 No. 1!.\10.0S.02B.Admin\City Ltr ó.21.05.doc
Exhibi¡ "C"
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08/21/2005 13.24 FAX 2083239338
~ 002/008
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Engineers
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Planners
shall be no less. than )ofeet from finish grade to the top of the pipe, If cover 1S less
than 3-feet from the sub-grade to the top of pipe "alternate pipe materials shall be
used per the Meridian Public Works Department's Standard Specifications,
Duty noted.
6.
Water service to this site is being proposed via an extension of water mains located in
preVious phases of this development. The applicant shall construct water mains to
and through this proposed development. AppUcant shall execute City of Meridia'n
standard forms of easements. for any mains that are required to provide selVfce.
Coordinate main size and routing with Public Works.
Duly noted.
7.
Complete the Certificate of Owners and accompanying Acknowledgment prior to
signature on the final plat, "
, Done and included on the revised plat.
Complete book and page number of adjacent recorded plat,
Done.
8.
9.
The private drive off of N, Chimney Peak Ave. must be paved its full width and at least'
30 feet 1nto the site beyond the edge of pavement of the abutting roadway per ACHD.
Du'y noted. .
10.
lots 19, 26 of Block 24 do not meet the required street frontage of 40 feet as
measured by the chord. The applicant shall make the necessary adjustments to
conform. .
Reduced frontages were approved as a part of the original PUP application.
Please see condition #31 of the Development Agreement.
L-t>+ 2.l... °"- - Lo-t- '1 slg ...¡.o' Min- (po I.U~ 'Vrn:rved tíi:>'i2.J)
The applicant shall move the graphically depicted easement on the south side of Lot
13. Block 24, to the north side of Lot 14, Block 24. The pressure irrigation main was
designed in~ and in direct confltet with the corridor reserved for water services.
Done and induded on the revised plat.
11.
12.
Revise the landscape plan dated 5/23/05 as follows:
13.
Revise calculation table to refLect 19 trees provided along the McMillan Road
frontage instead of 20-
b. Remove fendna along the western boundary that crosses the private drive to
Lot 18, Block 24. .
The landscape pion .has been revised and ;s being transmitted to your office by
the landscape arc;hitec;t.
ReV1se or add the foUowing notes on the face of the plat dated 5/13/05:
Ð-
(4. )
(7. )
.. ...centered on interior side lot lines and ,iRteFier rear let ,jOCS unless
otherwise... "
Include Lot 44, Block 24 as a common lot:
F:\ProjectManagen:\GAL\10-05.o28 - F~lfer SubdMslon No. 6\10.0S.028-Admin\City Ltr 6-Zt.OS.doc
Exhibit "C"
*
06/21/20C5 13:25 FAX 2083238336
@ 003/006
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f'" J~U~B ~
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I:':Hgineers
SUI'Veyor's
Planner!>
14.
Donfi! and included on the revised plat.
Please submit aU updated groundwaferlsoils monitoring data to the Public Works
Department for review. The project engineer should pay close attention to the results
of field studies determining the groundwater, soil type & and characteristics during
the design and construction phases. The engine,sr shall be required to certify that the
street centerline elevations are set a minimum of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of the
, crawl spaces of homes is at least 1-foot above.
Duly noted.
15.
Staff's faHure to cfte specific ordinance provisions or terms of the approved
annexation, preliminary plat, or conditional use permit does not relieve the applicant
of responsibility for compliance.
Duly noted.
Please inform the council that we are in agreement with the conditions of approval as noted
above and have modified the plat accordingly.
Sincerely,
J~U.B ENGINEERS, Inc.
~
Daren Fluke, AICP
Project Planner
F;\Proj«t:Manðgel\\GAL\10.05.028 . Fulfer SUbdivision NO. 6\10-05-028-Admin\Ctty Ltr 6.21.05.doc
Exhibit "C"
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