HomeMy WebLinkAboutKelly Creek PPRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF PRELIMINARY PLAT FOR KELLY
CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – PP-03-014 - Page 1
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR 216 213 BUILDING LOTS
AND 14 15 OTHER LOTS ON 79.77
75.43 ACRES IN PROPOSED
R-8, C-G, AND L-O ZONES FOR
KELLY CREEK SUBDIVISION
Kevin Howell Construction,
Applicant
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Case No. PP-03-014
RECOMMENDATION TO CITY
COUNCIL
1. The property is approximately 75.43 acres in size and is generally located at the
northwest corner of Linder and McMillan Roads.
2. Kevin Howell, Kelly & Brenda Fulfer, Jack Fulfer, and Randall & Tanya Calkins
are the current property owners and all parties have submitted either notarized
consent or a special power of attorney for the subject applications.
3. Applicant is Kevin Howell Construction.
4. The subject property is currently zoned RUT (Ada County). There is, however,
an application for annexation and zoning to R-8, L-O, and C-G zones before the
City Council. The zoning of R-8, L-O, and C-G is defined within the City of
Meridian Zoning and Development Ordinance Section 11-7-2.
5. The subject property is within the Area of Impact of the City of Meridian and
contiguous with existing city limits.
6. The entire parcel is included within the Meridian Urban Service Planning Area as
defined in the Meridian Comprehensive Plan.
7. The Applicant proposes to develop the subject property in the following manner:
213 building lots & 15 other lots on 75.43 acres.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF PRELIMINARY PLAT FOR KELLY
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RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the preliminary plat as requested by the
applicant for the property described in the application, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. This approval shall be referenced to the Preliminary Plat provided by the
applicant and stamped by the City of Meridian July 3, 2003.
2. The applicant should verify the number of lots prior to the hearing with City
Council.
3. The L-O zone and C-G zone areas show conceptual layouts only and are not
being platted at this time within those zones.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
1. At least 10 days prior to the next hearing on this application, the applicant shall
provide a letter from the developer(s) of Lochsa Falls Subdivision stating that
they are in agreement to shift the location of W. Apgar Creek Street as depicted
on the proposed preliminary plat for Kelly Creek Subdivision. The shift would
formally occur upon final plat of that portion of Lochsa Falls. If the applicant
cannot obtain such a letter, the preliminary plat must be redesigned to conform to
the approved stub location.
2. Water and sanitary sewer service to phase one will be readily available to the
north from phase 3 of Lochsa Falls Subdivision which is currently under
construction. Future phases of this development will be dependent upon a
sanitary sewer extension to the west through future phases of the Lochsa Falls
project. The applicant, at applicant's cost, may extend the sewer through
McMillan Road if Lochsa Falls’ sewer line is not ready.
3. Modify the plat to accommodate the future right-of-way as required by ACHD
along McMillan and Linder Roads. All future right-of way shall be located on a
separate common lot. Add McMillan and Linder Road names to the preliminary
plat map.
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4. In accordance with Ordinance 12-13-10-8, Applicant shall construct detached
sidewalks adjacent to McMillan Road and Linder Road. The minimum width of
the parkway area between the future curb and sidewalk is five (5) feet. In any
parkway areas less than ten feet wide, tree plantings within the parkways will be
restricted to either Class I or Class II trees.
5. Street buffers along McMillan and Linder Roads shall include 25 feet of
landscaping and may be measured from the future back of curb, since detached
sidewalks are required. If the right-of-way ends at the back of curb, the width of
the landscape buffer common lot shall be at least 30 feet wide to provide a full 25
feet of landscaping exclusive of the sidewalk width.
6. Fencing details shall be submitted with the Final Plat application for perimeter
fencing. All fences shall taper down to 3 feet maximum within 20 feet of all right-
of-way. Micropath fencing shall be shown per Ordinance 12-13-15-9. Fencing is
also required by the developer along the east and west sides of the central park for
a consistent appearance from within the park.
7. Revise preliminary plat note 3 to include rear lot lines to the list of lines having
10-foot wide easements for public utilities, drainage, and irrigation.
8. A detailed landscaping plan and performance specifications for the common area
pressurized irrigation system shall be submitted with the final plat application.
9. The phasing schedule may apply to the residential portions of the subdivision
only. If the applicant/developer determines that the office/commercial property
can or should be developed in an order that is not consistent with the phasing
schedule, they may request final plat approval of said phases in a non-sequential
manner without revising the preliminary plat. All development; however, must be
contiguous to a previously approved phase.
GENERAL COMMENTS (preliminary plat)
1. Please submit a copy of the Ada County Street Name Committee's final approval
letter for the subdivision name, and the lot and block numbering. Make any
corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
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streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants.
5. Underground pressurized irrigation must be provided to all landscape areas on
site. Applicant shall be required to utilize any existing surface or well water for
the primary source. Applicant has indicated that the pressurized irrigation system
within this development is to be owned and maintained by the Settler’s Irrigation
District.
6. Perimeter fencing shall be required, unless otherwise agreed upon in writing by
the Planning Director. No fencing will be permitted within the required landscape
buffers. The Applicant shall address the type of fencing planned at the P&Z
Commission public hearing. Submit detailed fencing plans for review and
approval with submittal of the Final Plat. All required fencing is to be in place
prior to issuance of building permits. A letter of credit or cash will be required for
these fences prior to signature on the final plat. Perimeter fencing shall be
installed prior to obtaining building permits.
7. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal of the
final plat applications. The plan must include sizes and species of trees, shrubs,
berming/swale details, and all proposed ground cover/treatment. A letter of credit
or cash surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final
Plat.
8. 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. The ditches to be piped
should be shown on the site plans. 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.
9. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-
4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
10. Any drainage areas (detention/retention basins) must be designed to ensure that
water is retained only during 100-year storm events, and for a period of time not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1.
11. 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.
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12. Please submit 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 1-foot above
groundwater.
C. Adopt the Recommendations of ACHD as follows:
1. These segments of Linder Road and McMillan Road are not listed in the adopted
Capital Improvements Plan; therefore, impact fees cannot be used to purchase the
right-of-way abutting the site. Right-of-way dedication is not required with this
application. If the applicant chooses to dedicate the right-of-way, ACHD will not
provide compensation. The applicant shall do one of the following:
i. Dedicate by donation an additional 5-feet of right-of-way along
McMillan Road (30-feet total from the current centerline) and an
additional 13-feet of right-of-way along Linder Road (38-feet total
from centerline), and construct a minimum 5-foot wide concrete
sidewalk along McMillan Road and Linder Road. The sidewalk on
McMillan Road shall be located a minimum of 35-feet from the
centerline of the existing roadway. The sidewalk on Linder Road
should be located a minimum of 41-feet from the centerline of the
right-of-way. Coordinate the location and elevation of the sidewalk
with District staff. Provide the District with an easement for any
portion of the sidewalk(s) that are not located within the right-of-way.
ii. Dedicate by donation an additional 15-feet of right-of-way along
McMillan Road (40-feet total from the current centerline) and an
additional 23-feet of right-of-way along Linder Road (48-feet total
from centerline), and construct a minimum 5-foot wide concrete
sidewalk along McMillan Road and Linder Road, located within the
new right-of-way. The sidewalk on McMillan Road should be located
a minimum of 35-feet from the centerline of the existing roadway. The
sidewalk on Linder Road should be located a minimum of 41-feet
from the centerline of the right-of-way. Provide the District with an
easement for any portion of the sidewalk(s) that are not located within
the right-of-way. Coordinate the location and elevation of the sidewalk
with District staff.
iii. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along McMillan Road and Linder Road in
their ultimate locations. The sidewalk on McMillan Road should be
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located a minimum of 35-feet from the centerline of the existing
roadway. The sidewalk on Linder Road should be located a minimum
of 41-feet from the centerline of the right-of-way. Provide the District
with an easement for any portion of the sidewalk(s) that are not
located within the right-of-way.
iv. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along McMillan Road and Linder Road,
located at the back edge of the existing right-of-way (if feasible).
Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities. Coordinate the location and elevation of
the sidewalk with District staff.
2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow
Creek Way (now Wild Flower Drive) approach. The applicant may choose to
install the auxiliary turn lane either when the phase abutting the subject auxiliary
lane is being built, or when the warrant is met. If the later option is chosen, the
necessary right-of-way needed to construct the subject auxiliary lane shall be
dedicated with the abutting final plat phase and constructed when the warrant is
met. The necessity for auxiliary lane construction (warrants) will be evaluated as
each phase (final plat) is submitted. Coordinate the final design of the turn lane
with District staff.
3. Construct a separate southbound right-turn lane on Linder Road at the Apgar
Creek Street intersection. The applicant may choose to install the auxiliary turn
lane either when the phase abutting the subject auxiliary lane is being built, or
when the warrant is met. If the later option is chosen, the necessary right-of-way
needed to construct the subject auxiliary lane shall be dedicated with the abutting
final plat phase and constructed when the warrant is met. The necessity for
auxiliary lane construction (warrants) will be evaluated as each phase (final plat)
is submitted. Coordinate the final design of the turn lane with District staff.
4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek
Street. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is
met. If the later option is chosen, the necessary right-of-way needed to construct
the subject auxiliary lane shall be dedicated with the abutting final plat phase and
constructed when the warrant is met. The necessity for auxiliary lane construction
(warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the
final design of the turn lane with District staff.
5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest
Way approach. The applicant may choose to install the auxiliary turn lane either
when the phase abutting the subject auxiliary lane is being built, or when the
warrant is met. If the later option is chosen, the necessary right-of-way needed to
construct the subject auxiliary lane shall be dedicated with the abutting final plat
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF PRELIMINARY PLAT FOR KELLY
CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – PP-03-014 - Page 7
phase and constructed when the warrant is met. The necessity for auxiliary lane
construction (warrants) will be evaluated as each phase (final plat) is submitted.
Coordinate the final design of the taper with District staff.
6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-
feet west of Linder Road, as proposed. The street shall be constructed with a 36-
foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide
concrete sidewalks.
7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet
north of McMillan Road, as proposed. The street shall be constructed with a 36-
foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide
concrete sidewalks.
8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north
of Apgar Creek Street and approximately 390-feet south of the approved Wild
Goose Drive to the north, as proposed. The street shall be constructed with a 36-
foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide
concrete sidewalks.
9. Construct a commercial driveway on Linder Road located a minimum of 255-feet
south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for
right-in/right-out only). Pave the driveway its full width (maximum 35-feet) and
at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway
edge.
10. Construct a commercial driveway on McMillan Road located approximately 250-
feet west of Linder Road, as proposed. Pave the driveway its full width
(maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement
of the adjacent roadway edge and install pavement tapers with 15-foot radii
abutting the existing roadway edge. This driveway may be restricted to right-
in/right-out movements in the future.
11. Construct a commercial driveway on McMillan Road located approximately 235-
feet west of the first commercial driveway on McMillan Road and approximately
500-feet west of Linder Road, as proposed. Pave the driveway its full width
(maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement
of the adjacent roadway edge and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
12. Provide the District with a copy of a recorded cross-access agreement for Lots 45,
46, 47 and 48, Block 10, to use the three commercial driveways listed in
Conditions 9, 10 and 11 above, for access to the public street system.
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13. Construct a commercial driveway to serve the proposed L-O zoned lots, located
in alignment (measured centerline to centerline) or offset from the approved
Palatine Way on the south side of McMillan Road a minimum of 255-feet
(measured near edge of driveway to near edge of roadway). Provide the District
with a copy of a recorded cross-access agreement for Lots 34 to 44, Block 12, to
use the driveway for access to the public street system.
14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave
the driveway to its full width (maximum 20-feet) and at least 30-feet into the site
beyond the edge of pavement of McMillan Road and install pavement tapers with
15-foot radii abutting the roadway edge. Said driveway may be utilized until the
existing home located on the lot is torn down or converted to another use. At the
time of re-development, access to Lot 26, Block 12, from McMillan Road may be
prohibited by ACHD. The applicant shall provide an access easement or frontage
to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west.
15. Unless otherwise approved by District staff, the applicant shall construct
Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green
Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage
Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections
with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet of right-
of-way.
16. Construct District approved turnarounds for Bird Wing Court, Summit Way and
Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and
not a private roadway).
17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17
and 22, Block 10, its full width and at least 30-feet into the site beyond the edge
of pavement of the abutting roadway. ACHD does not make any assurances that
the private road that is a part of this application will be accepted as a public road
if such a request is made in the future. Substantial redesign and reconstruction
costs may be necessary in order to qualify this road for public ownership and
maintenance. The following requirements must be met if the applicant wishes to
dedicate the roadway to ACHD:
i. Dedicate a minimum of 50-feet of right-of-way for the road.
ii. Construct the roadway to the minimum ACHD requirements.
18. Extend Wapoot Avenue from the west property line located approximately 125-
feet south of the north property line, as proposed.
19. Extend Apgar Creek Street from the west property line located approximately
690-feet south of Wapoot Avenue (measured centerline to centerline), as
proposed.
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20. Extend Ballinger Avenue from the north property line located approximately 625-
feet east of the west property line, as proposed.
21. Extend Chimney Peak Avenue from the north property line located approximately
1,090-feet east of Ballinger Avenue (measured centerline to centerline), as
proposed.
22. Other than the access points specifically approved with this application, direct lot
or parcel access to McMillan Road and Linder Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat(s).
23. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
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9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant’s authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400’ apart. 1997 UFC Appendix III-A
2. Commercial and office occupancies will require a fire-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed
an average of 400’ apart. 1997 UFC Appendix III-A
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department thru the Public Works Department.
5. All roads shall have a turning radius of 28’ inside and 48’ outside.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
7. The phasing plan may require that any roadway greater than 150’ in length that is
not provided with an outlet shall be required to have a turn around.
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8. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. UFC 902.2.1
9. The proposed 216-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 626 residents at build out. The office
lots and commercial lots will have an unknown transient population and will have
an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2069 responses in the year 2000 and 2251 calls
for service in 2001. According to a report completed by Fire & Emergency
Services Consulting Group in February of 2000 our requests for service are
projected to reach 2800 in the year 2005 and 3800 by the year 2010.
10. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
11. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer
E. Adopt the Recommendation of Settlers Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be
protected and continue to function.
2. All storm drainage must be retained on-site.
3. The development must supply irrigation access to all lots within the
above-named subdivision. If the developer wishes to have Settlers
Irrigation District own, operate, and maintain the pressure irrigation
system an agreement needs to be in place prior to the pre-construction
meeting.
F. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
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2. The Applicant’s central sewage and central water plans must be submitted
to and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater disposal
and design a stormwater management system that prevents groundwater and
surface water degradation.