HomeMy WebLinkAboutFulfer Subdivision No. 7 FP-05-035
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF KEVIN
HOWELL CONSTRUCTION FOR
FINAL PLAT APPROVAL OF 44
SINGLE-FAMILY RESIDENTIAL
BUILDING LOTS AND 1 COMMON
LOT ON 10.39 ACRES IN AN R-8
ZONE LOCATED NORTH OF
MCMILLAN ROAD AND EAST OF
TEN MILE ROAD IN A PORTION
OF THE EAST Y2 OF THE SW ~ OF
T. 4N., R.IW., SECTION 26
C/C June 28, 2005
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CASE NO. FP-05-035
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.7 LOCATED IN
A PORTION OF THE EAST Y2 OF THE SW ~ OF T. 4N., R. 1 W., SECTION 26,
BOISE
MERIDIAN,
MERIDIAN,
ADA
COUNTY,
IDAHO
2005,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO. 7/ (FP-O5-035)
Page I of 4
HANDWRITTEN DATE: 05/17/05, 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 14 SITE
SPECIFIC REQUIREMENTS/FINAL PLAT and 14 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
2.
marked Exhibit "B" and consisting of 1 page, and by this reference incorporated
herein, and an additional response letter ITom 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 ITom 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
central sewage and central water; that run-off is not to
create a mosquito breeding problem; and it is
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO. 7/ (FP-O5-035)
Page 2 of 4
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 stormwater management 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. 7/ (FP-O5-035)
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 "}:6th
day
of --3u nt" -i
,2005.
Attest:
artment, Public Works Department, and
By:
City Clerk's Office
Dated:~O5
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FULFER SUBDIVISION NO.7 1 (FP-O5-035)
Page 4 of 4
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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
Shaull Wardle
Charles M. Rountree
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PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 - Fax 888-6854
II\, THEIISl:¡~!'. Y N-~ SINer
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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 J-f
Michael Cole, Development Services Coordinator (Y\ G
Re:
Fulfer Subdivision No.7
Final Plat approval of Forty-four (44) Single-Family Residential Building Lots
and One (1) Common Lot on 10.39 Acres in an R-4 Zone, by Kevin Howell
Construction (File No. FP-O5-035).
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, Kevin Howell Construction, has applied for Final Plat approval of 44 single-
family residential building lots and I common lot on 10.39 acres of land for Fulfer Subdivision
No.7. The current zoning designation for the proposed subdivision is R-4 (Low Density
Residential). This subdivision will have a gross density of 4.2 d.u./acre and a net density of 5.7
d.u./acre.
This phase was preliminary platted under the name of Lochsa Falls Subdivision. Mr. Howell
purchased the property from the Lochs Falls developer and intends to develop it in compliance
with the approved preliminary plat.
Fulfer Subdivision No.7 is located approximately ~ mile east ofN. Ten Mile Road and ~ mile
north ofW. McMillan Road in the SW ~ of Section 26, TAN., R.IW.
The common area within this subdivision consists of a short pedestrian pathway. 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 proposed subdivision
which allowed for reductions to the minimum requirements for lot size (from 8,000 s.f. to 6,500
FP-O5~O35 Exhibit "A" Fulfer Sub7 FP.doc I
Mayor & City Council
Hearing Date: June 21, 2005
Page 2
s.f.), lot frontage (from 80-ft. to 60-ft.), setbacks (side setback - 7-ft. for 2-story and 15-ft. for
non-front entry garages), and house size. It also allowed for blocks within the subdivision to
exceed the maximum block length of 1,000 feet.
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.7 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 conditional use permit (CUP-02-012),
preliminary plat (PP-02-009) and Development Agreement (Inst. No's. 103012598 &
104022054).
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.
4.
Temporary construction fencing shall be installed along the eastern 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 ITom existing mains. Applicant
shall 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 ITom 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
existing 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.
FP-O5-035
Exhibit "A"
Fulfer Sub7 FP.doc
Mayor & City Council
Hearing Date: June 21, 2005
Page 3
7.
Complete the Certificate of Owners and accompanYIng Acknowledgment prior to
signature on the final plat.
8.
Lots 6, 17, 18; Block 25 do not meet the minimum street frontage of 60 feet, the applicant
shall make the necessary adjustments to conform.
9.
Graphically depict an 8-foot wide Public Utilities, Drainage, and Irrigation easement on
the north boundary of Lot 2, Block 25. The extra width is necessary to accommodate an
irrigation main.
10.
Graphically depict a 5-foot wide easement on the following lots. They will interior side
lot lines to existing phases.
a) West boundary of Lot 2, Block 26
b) West boundary of Lot 12, Block 15.
c) East boundary of Lot 19, Block 15.
d) East boundary of Lots 10, II, Block 26.
e) East boundary of Lot 18, Block 25.
11.
Complete book and page number of adjacent recorded plat.
12.
Revise or add the following notes on the face of the plat dated 5/17/05:
(10.) "Lot 11. Block 25 shown hereon is a non-buildable common lot and shall be
owned and maintained by the homeowners association. Fencing adlacent to this lot shall
be no greater than 4-ft. in height if constructed of a solid sight obscuring material or 5-ft.
in height if constructed of a non-sight obscuring material."
13.
Please submit all updated groundwaterlsoils 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.
14.
Staffs failure to cite specific ordinance provisions or terms of the approved preliminary
plat, conditional use permit or development agreement does not relieve the Applicant of
responsibility for compliance.
FP-O5-035
Fulfer Sub? FP.doc
Exhibit "A"
Mayor & City Council
Hearing Date: June 21,2005
Page 4 .
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
2.
Any existing domestic wells andlor 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 andlor 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.
Any tree over 4" in caliper that is removed ITom 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.
5.
Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
6.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
7.
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.
8.
All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
9.
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.
FP-O5-035
Fulfer Sub? FP.doc
Exhibit "A"
Mayor & City Council
Hearing Date: June 21,2005
Page 5
10.
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.
11.
Developer shall coordinate mailbox locations with the Meridian Post Office.
12.
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.
13.
Coordinate fire hydrant placement with the City of Meridian's Public Works Department.
14.
All development features shall comply with the Americans with Disabilities Act and the
Fair Housing Act.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Fulfer Subdivision No.7 with the above stated
comments and conditions.
FP-O5-035
Exhibit "A"
Fulfer Sub? FP.doc
~6/2712~7 '^, 2083239336
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I4J 001/001
J..U..9 ENGINEERS, Inc.
ENGINEERS' SURVEYORS' PLANNERS
June 27. 2005
Regional Offic8
250 South Btl6Chwood Avenue. Suite 201
Boise, ID e3709-0944
208-376-7330
Fa)(: 208-323-9336
VII'tVW.jub .com
Sonya Allen
City of Meridian, Planning and Zoning Dept.
660 E. Watertower Lane. Suite 200
Meridian, ID 83642
RE:
Fulfer Subdivision No.6 & 7 - Plat ReV1~ Comments
Dear Sonya:
With regard to the lot frontages within Fulfer 6 and 7, we are making the required changes to
maintain the minimum frontaees as detailed tn 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 modff1ed the plat
accordingly.
Sincerely,
J.U-ß ENGINEERS, Inc.
ÐGI:P
Daren Fluke, AICP
Project Planner
F:\Pro]ectManagel'5\GAl\10.D5.O4Q . Fulfer SUbdivision No. 7\ 10.05-040.Admin\City Ltr 6.27.05.doc
Exhibit "II"
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08/21/2005 1325 FAX 2083239336
@ 004/008
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~ J-U-B ~
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June 21, 2005
J-U-B ENGINEERS, Inc.
ENGINEERS - SURVEYORS. PLANNERS
Regional Office
250 South Beechwood Avenue, Suite 201
Boise. 10 63709-0944
208-376-7330
Fax: 208-323-9336
vvww.jub.com
Sonya Allen
City of Meridianþ Planning and Zoning Dept.
660 Eo' Watertower Lane, Suite 200
Mer1dian. 1083642
RE:
Fulfer SubdiVision No.7 - PLat Review Comments
Dear Sonya:
We have received your plat review comments dated June 10, 2005, for the above-referenced
project. With regard to the Site Specific comments contained theretn. please accept the
following:
SITE SPECIFIC COMMENTS I fiNAL PLAT
1.
Applicant is to meet all terms of the approved conditional use permit (CUP-O2~O12),
preliminary plat (PP-02-009) and Development Agreement (Inst. No's. 103012598 &
104022054-).
Duty 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 irrigation systems be supptied 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
responsib~e for the payment of assessments for the common are~s prior to signature on
the final plat by the Meridian City Engineer. .
Duly noted.
3.
Fencing must be in compliance with MCC 12-4-10.
(July noted.
4.
Temporary construction fendng shaH be installed along the eastern and western
boundaries of this phase unlesS permanent fencing already exists at the subdivision
boundary .
Duly noted-
5.
Sanitary sewer service to this s1te shall be via extensions from existing mains.
Applicant shaH 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 rooting with the PubUc 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
F:\ProjectManilller5\GAL\'-O-O5-040 - Fulfer Subdivision No. 7\10.0S.04Q.Admln\Cicy ltr 6-2. 'O5.doc
Exhibit "C"
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06/21/2005 1325 FAX 2033239336
I4i 005/006
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EngiTlI.;:t;[s
Surveyor!;
Plmmers
shall be no less than 3-feet from finish grade to the top of the pipe. If COver;s less
than 3-feet frOitt 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 1n
existing phases of this development. The applicant shalt 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.
Duly noted.
7.
Complete the Certificate of Ownel"$ and accompanying Acknowledgment prior to
signature on. the final plat.
Done and included on thrf revised plat.
Lots 6, 17, 18; Block 25 do not meet the minimum street frontage of 60 feet, the
applicant shall make the necessary adjustments to conform.
The final plat conforms to the øpprovecJ preliminary plat. Reduced frontages
. were allowed as a port of the PUO application.
8.
9.
Graphically depict an 8-foot wide Public Utilities, Drainage, and Irrigation easement
on the north boundary of Lot 2, Block 25. The extra width,is necessary to
. accommodate an irrigation main.
Done.
10.
Graphically depict a 5-(oot wide easement on the followhig lots. They will interior
side lot lines to existing phases.
a) West boundary of' Lot 2, Block 26
b) West boundary of Lot 12, Block 15.
c) East boundary of Lot 19, Block 15.
d) East boundary of Lots 10, 11, Block 26.
e) East boundary of Lot 18, Block 25.
Done.
11.
Complete book and page number of adjacent recorded plat.
Done.
12.
Revise or add the following notes on the face of the plat dated 5/17/05:
(10.) fLat 11. Block 25 shown hereon is a non-buildable common lot and shall be
owned and maintained by the homeowners a~ociat;on. Fencina adjacent to this lot
shall be no Rreater than 4-ft. in hei~ht if constructed of a solid siqht obscuriml
materia. or 5-ft. in heiQht if constructed of a non-siRht obscurinR material."
Done.
13.
Please submit all updated groundwater/soils monitoring data to the Public Works
f:\PrgjectManRgen;\GAL\10.05.()40. Ful'~r Subdlv1$ton No. 7\10~.O4O-Admin\City Ltr 6.21.05.doc
Exhibit "C"
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08/21/2005 13:25 FAX 2083233338
III 008/006
~
(' J.U~B.À
~
Engineers
Surveyors
Planncrs
Department for review. The project engineer should pay close attention to the results
of field studies determining the groundwater. soil type ft 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 J.feet above the highest establ1shed
normal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least 1.fðot above.
Duly noted.
14.
Staff's failure to cite 'specific ordinance proVisions or terms of the approved
preliminary plat, conditional.use permit Dr development agreement does not relieve
the Applicant of responsibility for comptiance.
Duly noted.
Please inform the council that we are in agreement with the conditions of approval as noted
above and have modified the plat a<=cordingly.
Sincerely,
J.U-B ENGINEERS, Inc.
~
Daren Fluke, AICP
Prðject planner
. F:\prOjedManill!en;\GAl\ 1D.O5-G40 . Fulfer SubdMston No. 7\10.0S.G40-,Admin\Clty ltr 6.21-05.doc
Exhibit "C"
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