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HomeMy WebLinkAboutOrder • WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. E GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC $. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LAARY D. MOORS DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE** WILLIAM E NICHOLS* 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH , POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED CITY OF MERIDIAN' Re: BRIGGS ENGINEERING /BEAR CREED SUBDIVISION NO. 2 FINAL PLAT CASE NO. FP-01-007, AND BEAR CREED SUBDIVISION NO. 3 FINAL PLAT CASE NO. FP- O 1-011, AND BEAR CREED SUBDIVISION NO. 4 FINAL PLAT CASE NO. FP-01-014 Dear Will: Regarding the above referenced matters, please find enclosed the originals of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT, for Bear Creek Subdivisions No. 2, No. 3 and No. 4, for approval and signature by the Mayor and yourself. Please serve a copies of the ORDERS upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 September 6, 2001 Very truly yours, Wm. F. Nichols Z:AWork\MUVleridian~IVleridian 15360M~Bear Creelc FPO1-007 O1-Ol I 01-014\Cledc090601FP01-007.doc I~ ' • • FILE COPY BEFORE THE MERIDIAN CITY COUNCIL C/C 08-21-01 IN THE MATTER OF THE APPLICATION OF BRIGGS ENGINEERING, FOR APPROVAL OF FINAL PLAT FOR BEAR CREED SUBDIVISION NO. 2 LOCATED EAST OF STODDARD AND SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO CASE NO. FP-O1-007 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 August 21, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter on the preliminary plat to the Mayor and Council from David McKinnon, Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 15 Site Specific Requirements and 6 General Requirements, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: PAGE 1 OF 3 ORDER OF CONDITIONAL APPROVAL OF -- FINAL PLAT FOR BEAR CREED SUBDIVISION NO. 2 / BY: BRIGGS ENGINEERING (FP-O1-007) • IT IS HEREBY ORDERED THAT: 1. The Final Plat of "BEAR CREED SUBDIVISION NO. 2", as evidenced in Plat bearing the File name: "PLAT OF BEAR CREED SUBDIVISION NO. 2, A PORTION OF THE NE I/4 OF SECTION 24 T. 3N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, 10202 \10202-PLT BIB 04/18/01 AND STAMPED APR 20 2001, SHEET 1 OF 2, BRIGGS ENGINEERING, INC. CONSLUTING ENGINEERS, BEAR CREED, LLC, DEVELOPER" Bear Creek, 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 Bruce Freclcleton, Engineering Technician III, and David McKinnon, Planner for the Planning and Zoning Department, dated May 10, 2001, listing 1 S General Requirements and 6 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 3 pages, and by this reference incorporated herein, and with the additional requirements from the action of the City Council at their August 21, 2001 meeting, as follows, to-wit: 1.1 Due to the lack of an adequate water system, the approval of the Final Plat shall be contingent upon receipt of the Developer for an agreement limiting the building to 130 building permits for phases 1, 2, 3 and 4, and shall remain in effect until Well No. 22 is on line, and which well should be completed in December of 2001. (See attached as Exhibit "B", consisting of 1 page, Gregory B. Johnson's response letter to this matter dated August 22, 2001.) ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 3 FINAL PLAT FOR BEAR CREED SUBDIVISION NO.2 / BY: BRIGGS ENGINEERING (FP-O1-007) • 1.2 The Nampa Sz Meridian Irrigation District notes that the majority of the storm drainage appears to be returning to the Hardin Drain at pre-development flows, therefore, an addendum to the discharge agreement shall be prepared and signed for the District's Board of Directors approval. Applicant to contact the District's attorney for preparation of the addendum. The pressure irrigation appears to be acceptable with the exception of Phase 4 in Block 15, Lot 20 there is a 3/4 inch service line to a common area. The District shall not be held responsible for this line. The District requires that all landscaping services in common areas be inspected. They are required to be a 3/4 inch service unless pre-approved in writing, large services in common areas would put too much demand on the entire system when completed. Also, an addendum to the pressure irrigation system shall be in place. Applicant shall call Laura Burri for preparation of the document for all three phases. 1.3 The Central District Health Department 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 central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The 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: 1.3.1 State of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 3 FINAL PLAT FOR BEAR CREED SUBDIVISION NO. 2 / BY: BRIGGS ENGINEERING (FP-O1-007) s ~- 13.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. 1.4 Idaho Power Company has limited electrical capacity in the area of this project. Idaho Power Company proposes to construct a substation in the vicinity of the Stoddard and Overland Road intersection which would provide the needed electrical capacity to supply development in the area. 1.5 The Meridian Fire Department requires that all codes shall be met and there shall be no parking of vehicles, trailers or equipment in the cul-de-sac. 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. By action of the City Council at its regular meeting held on the Zl t ~ day of f ~ , 2001. By: ERT D. CORRIE Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF -- PAGE 4 OF 3 FINAL PLAT FOR BEAR CREEI< SUBDIVISION NO. 2 / BY: BRIGGS ENGINEERING (FP-O1-007) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. gy• ~, ~ Dated: City Clerlc ~~2~-U/ Z:\Work\M\Meridian\Meridian 15360M\Bear Creek FP01-007 01-011 01-014\Order FP01-007.doc ORDER OF CONDITIONAL APPROVAL OF -- FINAL PLAT FOR BEAR CREEI< SUBDIVISION NO.2 / BY: BRIGGS ENGINEERING (FP-O1-007) •~ L~ `' ~ ":IjJ ~~- - y ~"' RFtI ~. i /I. 4~ '~ `'~~f i3~ ' z. .~ :• PAGE50F3 HUB OF TREASURE ijALLEY MAYOR ~ A Good Place to Live R°'~ D• ~`~ CITY OF MERIDIAN CITY COLRVCIL MEMBERS Ron Anders°n 33 EAST IDAHO i;2;d, Bud MERIDIAN, IDAHO 83642 Tammy ~~~ (208) 888-~W33 • FA~C (208) 887-4813 City Clerk Office Fax (208) 888-4218 Cherie McCandless MEMORANDUM: To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engineerc~ David McKinnon, City Planner May 10, 2001 Re: Request for a Final Plat Approval of Bear Creek Subdivision No. 2 - 36 Single-family building lots, two other lots on 68.44 acres in an R-4 zone by Beaz Creek, LLC (File # FP-01-00~ We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located east of S. Stoddazd Road, south of W. Overland Road, and north of W. Victory Road. The parcel(s) is currently zoned R-4. This is the second phase of the overall Beaz Creek Preliminary Plat which includes 326 residential lots on 150.79 acres. The Ridenbaugh Canal borders the property on the south. Elk Run Subdivision, as well as acreages with single-family homes in Ada County, border the development to the east. The property is located in an azea designated as single-famdy residential in the Comprehensive Plan. . SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated previously that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. The applicant shall be required to provide a backup source to the pressurized irrigation system. If a well or surface source is not available, asingle-point connection to the City of Meridian's domestic water system will be allowed for the development, but not for the pazk azea due to its size. In the event that domestic water is used as a backup source, common azeas within the development will be subject to City of Meridian water assessments. In the event water from an irrigation well constructed by the City is used for the PI system, as either a supplemental or a ~• backup source, the developer will be responsible for reimbursing to the City proportionate costs of construction prior to final plat signature. Payment of water assessment fees for the common azeas is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfilL LEG.4I, DEP 4RTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEP.aRTMEIvT (208) R87-2211 • Fax 887-1297 PL~uVNING AND ZONING DEPAR•f~~NT (208) 884-5533 • FA}t 888-6854 Fe-O1-0o7 Bear Croek Subdivision No. 2 Mayor and Counc~ May 10, 2001 Page 2 4. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period of time not to exceed 24-hours. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. All required landscaping trees shall be a minimum of two inches in caliper, not 1 %z inches as depicted on the submitted landscape plan. A revised landscape plan shall be submitted for approval to the Planning & Zoning Department prior to City Engineer signing Final Plat. 7. Sanitary sewer service to this site will be via a temporary lift station pumping to an existing gravity sewer main located in Overland Road. The lift station is currently under construction as part of phase I. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Black Cat trunk development fee of $1,500.00 per dwelling unit shall be assessed against this development. Payment of the trunk development fee is required prior to signature on the final plat map by the City Engineer. 8. Water service to this site will be via extensions of existing mains installed in adjacent developments, as well as ~ from the new domestic well that is currently under construction within Phase I. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The Public Works Department can't recommend approval of this development until such time as the new City well being constructed within Phase I of Bear Creek is operational. 9. 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. 10. Sidewallcs are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 11. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. 12. Complete the Certificate of Owner's and it's accompanying Acknowledgment. 13. Correct the distance shown for the south line of Lot 15, Block 5, (show both segments.) FP-0I-007 Bear Creek Subdivision No. 2 ~~ ~~ ~ ~ M~ „ a ~~ 3 Mayor and Council May 10, 2001 Page 3 14. Create a common azea lot, owned and maintained by the Home Owner's Association, over the 20-foot easement for the Kennedy Lateral, or in the event that the Nampa & Meridian Irrigation District grants an encroachment agreement for a portion of the easement, the lot line may be set at the encroachment line, and the balance of the easement shall be a common area lot. 15. Stafi's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve 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 12-413. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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. 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 hydracrts. Final design locations and quantity aze determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain an approved design aad permit from the Public Works Department prior to commencing installations. 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. ~e-o ~-oo~ Bear Creek Subdivision No. 2 ~~~~ ~~ ~ I~ II ~ O ~~ BEAR CREEK DEVELOPMENT LLC P.O. Box 344, Meridian, ID 83680 (208) 888-9946 (208) 888-9947 FAX ~j~ <~`'.,.~ August 22, 2001 ~~~'~ ~,, - /,~ 3Z ;r ' .`' ,T~ Mayor and City Council ~ ~ ~yG~; ~' ,. yam' City of Meridian ~'~ .~ 33 E. Idaho Street F`~-F ~~% -1~;~ Off, Meridian, ID 83642 la,.~ RE: Bear Creek Subdivision Building Permit Restrictions Dear Mayor and City Council: In accordance with the conditions imposed at the August 21, 2001 City Council meeting, Bear Creek Development, LLC hereby agrees to restrict building permit issuance to 130 lots for the Bear Creek Subdivision prior to the completion of Well No. 22. We anticipate Well No. 22 will be fully operational by January 2002 and building permit restrictions will be removed at that time. As such, please process the final plats and development plans for Bear Creek No. 2, 3, and 4 at your earliest convenience. Si cerely, ~~ Gre B ohnso Managing Member Cc: Gary Smith, P.E. Brad Watson, P.E. ms