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HomeMy WebLinkAboutFulfer Subdivision No. 6 FP-05-036 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 'Á OF T. 4N., R. lW., SECTION 26 C/C June 28, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-OS-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 'li 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 stonnwater 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 stonnwater disposal and design a stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater 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 / (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 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 J8-\h day of ~U f\é'~ ,2005. Attest: By: . :f~~~~ ':~~j;;:~:!:~~~; d . ,'(, >£.cPj;ë..~~~~,~ ~t ' «' ?). \;, 'A ". ,... .Di!i!¡ ~ l:!i . . J:)K'.'I.,b.Ji,..f,!#; illiam G. Berg, Jr., C y Cl k ~f¡L/~' C?py served upon Applicant, the PIa' in partment, Public Works Department, and CIty Attorney. '. _i . BY~ k ~ , I\I...J City Clerk's Office 1-\ \-OS Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.6 / (FP-05-036) Page 4 of 4 MAYOR Tammy de Weerd ,;\ ....~ cM'e;;dl;~ - ~ IDAHO PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 - Fax (208)898-9551 CITY COUNCIL MEMBERS Keith Bird Cluistine Donnell Shaull Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 4k .rRE;l\.Sur<£ y N-~' 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 51( Michael Cole, Development Services Coordinator (Y\ 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 PennitlPlanned 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 / FINAL PLAT 1. Applicant is to meet all tenus of the approved annexation (AZ-03-013), development agreement (Inst. No. 103181095), conditional use pennit (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 pennanent 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 fonns 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 fonns 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-OS-O36 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 confonn. 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.) ".. . centered on interior side lot lines, and interior rear lot lines unless otherwise.. ." Include Lot 44, Block 24 as a common lot. (7.) 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 detennining 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 nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 15. Staffs failure to cite specific ordinance provisions or tenus of the approved annexation, preliminary plat, or conditional use pennit does not relieve the applicant of responsibility for compliance. GENERAL REO UIREMENTS 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-O5-036 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 detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit 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 Pennitting that may be required by the Anny 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 pennits. 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 detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. All grading of the site shall be perfonned in confonnance 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 ~~6/27/2005 15:17 FAX 2083239336 :--. . :-:. . ::: aû.B ~ ~ IiJO01¡OO1 June 27, 2005 J-U-B ENGINEERS, Inc. ENGINEERS' SURVEYORS. PLANNERS Regional Office .250 South Bettchwood Avenue. Suite 201 Boise. ID 8í3709-0944 206-376-7330 Fax: 208-3.23-93:96 www.jub.com Sonya ALLen City of Meridian, Planning and Zoning Dept. 660 E. Watertower Lan~ Suite 200 Meridian, 10 836<42 RE: Fulfer Subdivision No.6 8: 7 - Plat Review 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 21, 2005. I 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 mod1f1ed the plat accordingLy. Sincerely, J-U-B ENGrNEERS. Inc. ~ Daren Ruke AICP Project Planner F:\ÞrojectManagers\GAL\10.05.(WQ. f'ulf~r SUbdIvIsIon No. 7'l10.05-040.Admin\City ltr 6-27.0S.doc "'hibi! "I!" * ~6¡21¡20(5 13:24 FAX ~. ~ 2083238336 Ii!OO1¡OO6 ------ . f""" J-U-B ~ ~ June 21, 2005 J-U.B ENGINEERS, Inc. ENGINEERS' SURVEYORS' PLANNERS Regional Office 250 $0\.1\11 Beechwood AvenI,Je. Suite 201 Boise, 10 63709-0944 20B-37G- 7330 Fax: 208-323-9336 WWW,jub.oom Sonya Allen City of Meridian, Plannln8 and Zoning Dept. 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 \° i' c}t; 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 therein, ptease accept the following: . SITE SPECIFIC COMMENTS! FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ-03-a13), developme.,t agreement (Inst. No. 103181095), conditional use permit (CUP-O3.02B), and preliminarY plat (PP-03.014) for this development. Duty noted. 2. The applicant has indicated that the Settler's Irrigation District wHl 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 ;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 Çity Engineer. Duly noted. Fencing must be in compliance with MeC 12-4-10 and MCC 12-13-15-9. Duly noted. ). 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. Duty noted. '. 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 CUy of Meridian standard forms of easements, for any mains that are required to provide service. Cover over san1tary sewer mains F:\ÞrcjectMllnagen;\GAl\10.0S.02& - Fulfer Subdiyi5/Dr\ No, &\10-0S.02S.Admin\City Ltr 6.21.05.do<; . Exhibil "C" .* 08/21/20Ç5 13.24 FAX 2083239338 ~ 002iO08 ~ f"";J. U. B ~ ~ Engineers Surveyors Planners shall be no less- than )-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. Duly 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 semce. Coordinate main size and muting 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. 8. Complete book and page number of adjacent recorded plat. Done. 9. The private drive off of N. 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. Duly 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 ~~- - Reduced frontages were approved as a part of the original PUD application. Please see condition 1/31 of the Development Agreement. ,-b+ 2...(., oK-. - Lo+ 1"1 sls. 40' Min. Ú'D u..r4..S 4fr-ved tCii:>"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 confl1ct With. the corridor reserved for water services. Done and included on the revised plat. 11. 12. Revise the landscape plan dated 5/23/05 as foUows: 13. 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. The landscape plan -has been revised and is being transmitted to your office by the landscape architect. Revise or add the following notes on the face of the plat dated 5/13/05: a- b. (4.) (7. ) "...centered on interior side Lot lines. ami ,iRteÄer rear let !.iRCS unless otherwise... " Include lot 44, Block 24 as a common lOL F:\ProjectManagers\GAl\10-05..o28 - Fulfer SubdMslon No. 6\10-0S.028-Admin\City Ltr 6-Z1-05.doc Exhibit "C" * 06/21/20C5 13:25 FAX 2083233336 141 003/006 ----- f'" J.U.B} ~ EBgineers SUI"Veyol's Planl\er!; Done and included on the revised plat. 14. Please submit aU updated groundwaferJsoils monitoring data to the Public Worl(s Department for review- The project engineer should pay close attention to the results of field studies determining the groundwater, soH type 8: and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum òf 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 failure to cite specific ordinance provisions or tenns 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:\P'-oj«tManase~\GAL\10.0S.028 . Fulfer SubdIVision No. 6\10-05-028-Admin\c.tty Ltr 6.21.05.doc Exhibit "C" @