HomeMy WebLinkAboutKelly Creek Sub PP 03-014BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/05/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR KELLY CREEK
SUBDIVISION FOR A PLANNED
DEVELOPMENT CONSISTING OF
214 BUILDING LOTS AND 15
OTHER LOTS ON 79.77 ACRES,
INCLUDING RIGHT-OF-WAY IN
PROPOSED R-8, L-O AND C-G
ZONES, LOCATED AT THE
NORTHWEST CORNER OF
NORTH CINDER ROAD AND
WEST McMILLAN ROAD,
MERIDIAN, IDAHO
Case No. PP-03-014
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: KEVIN HOWELL
CONSTRUCTION,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on August 5, 2003, and Anna Powell Planning Director for the Planning and Zoning Deparhnent,
Darin Fluke, Tony Moss, and Daniel Gibson, appeared and testified, and the City Council having
received a report from Steve Siddoway Planner II for the Planning and Zoning Department, and
Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the
record of this matter the recommendation to City Council of the Planning and Zoning
Commission and the applicant having submitted the "FULFER DEVELOPMENT MERIDIAN,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 1 OF 17
ADA COUNTY, IDAHO, KELLY CREEK PRELIMINARY PLAT, DRAWN BY: EL,
DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11913, SHEET 1 OF 9,
HANDWRITTEN DATE: 8-5-03, F:\ProjectManagers\GAL\11913\11913-
Drafting\dwg\11913_PPOl .dwg, HANDWRITTEN DATE: 5-9-03, Kevin Howell Construcfion -
Owner/Developer, J-U-B Engineers, Inc. -Engineers Surveyors Planners", Kevin Howell
Construction, Developer, submitted for preliminary plat approval and which preliminary plat for
approval application is herein received and adjudged by the City Council pursuant to Meridian
City Code § 12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to R-8, L-O and C-G is before the Council, and requires connection to the Municipal
Water and Sewer System. [Meridian City Code § 11-7-2 D, G, and K]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 2 OF 17
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which aze requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development. The developer is installing sewer, water, local street
infrastructure, utilities and irrigation.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "FULFER DEVELOPMENT MERIDIAN, ADA
COUNTY, IDAHO, KELLY CREEK PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY:
BAP, CHECKED BY: GAL, PROJECT NO. 11913, SHEET 1 OF 9, HANDWRITTEN DATE:
8-5-03, F:\ProjectManagers\GAL\11913\11913-Drafting\dwg\11913_PPOl.dwg,
HANDWRITTEN DATE: 5-9-03, Kevin Howell Construction -Owner/Developer, J-U-B
Engineers, Inc. -Engineers Surveyors Planners". The applicant's preliminary plat approval
request is for 214 residential lots, 4 commercial lots, 10 office lots, and 15 other lots. The other
lots include common open space, street buffers, micropaths, and storm water lots. The proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 3 OF 17
residential gross density of the subdivision is 3.08 dwelling units per acre; net density is 4.95
dwelling units per acre. Proposed lot sizes range from 6,000 s.f. to 12,000 s.f.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary Plat of the applicant as evidenced by "FULFER
DEVELOPMENT MERIDIAN, ADA COUNTY, IDAHO, KELLY CREEK PRELIMINARY
PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11913,
SHEET 1 OF 9, HANDWRITTEN DATE: 8-5-03, F:\ProjectManagers\GAL\11913\11913-
Drafting\dwg\11913_PPOl.dwg, HANDWRITTEN DATE: 5-9-03, Kevin Howell Construction
- Owner/Developer, J-U-B Engineers, Inc. -Engineers Surveyors Planners", Kevin Howell
Construction, Developer is hereby conditionally approved; and
2. .The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
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 has verified the number of lots for the project, which are 214
building lots and 15 other lots.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 4 OF 17
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as modified by the P&Z Commission, as follows:
1. The applicant has provided 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 futureright-of--way as required by ACHD along
McMillan and Linder Roads. All futureright-of way shall be located on a sepazate
common lot. Add McMillan and Linder Road names to the preliminary plat map.
4. hi 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 maybe measured from the future back of curb, since detached sidewalks aze
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 ofallright-
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 5 OF 17
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 anon-sequential manner
without revising the preliminary plat. All development; however, must be
contiguous to a previously approved phase.
GENERAL COMMENTS (ureliminary ylatl
Submit a copy of the Ada County Street Name Committee's fmal 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 6 OF 17
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 ofnatural 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.
12. 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 7 OF 17
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
applicafion. If the applicant chooses to dedicate the right-of--way, ACHD will not
provide compensation. The applicant shall do one of the following:
Dedicate by donation an additional 5-feet ofright-of--way along
McMillan Road (30-feet total from the current centerline) and an
additional 13-feet ofright-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 ofright-of--way along
McMillan Road (40-feet total from the current centerline) and an
additiona123-feet ofright-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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 8 OF 17
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 tum 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 tum 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 tum
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
phase and constructed when the warrant is met. The necessity for auxiliary lane
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDNISION / (PP-03-014)
PAGE 9 OF 17
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-
feetwest of Linder Road, as proposed. The street shall be constructed with a 36-
foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot
wide concrete sidewalks.
7. Construct Apgaz 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 ofright-of--way with curb, gutter and 5-foot
wide concrete sidewalks.
Construct Deer Crest Way to intersect Linder Road approximately 430-feet north
of Apgaz 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 ofright-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. Paue 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 exisfing roadway edge. This driveway maybe restricted to right-
in/right-out movements in the future.
11. Construct a commercial driveway on McMillan Road located approximately 235-
feetwest 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 10 OF 17
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.
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 maybe
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
ofright-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 1Q 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 11 OF 17
i. Dedicate a minimum of 50-feet ofright-of--way for the road.
ii. Construct the roadway to the minimum ACRD requirements.
18. Extend Wapoot Avenue from the west property line located approximately 125-
feet south of the north property line, as proposed.
19. Extend Apgaz Creek Street from the west property line located approximately
690-feet south of Wapoot Avenue (measured centerline to centerline), as
proposed.
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 oftheright-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 maybe
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 Standazds and approved supplements,
Construction Services procedures and all applicable ACRD Ordinances unless
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 12 OF 17
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.
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.
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 ACRD 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDNISION / (PP-03-014)
PAGE 13 OF 17
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute
available for durafion 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 afire-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 fuming radius of 28' inside and 48' outside.
6. Operafional fire hydrants and temporary or permanent street signs aze 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 azound.
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 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 home by the developer.
E. Adopt the Recommendation of Settlers Irrigation District as follows:
All irrigation drainage facilities along with their easements must be protected and
confinue 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 14 OF 17
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.
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 geassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
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.
F. Adopt the action of the City Council taken at their August 5, 2003 meeting as
follows:
For clarification:
The applicant is providing about four and a half acres for a park in the center
of the residential project, including a tot, lot, basketball court and an open
play field, along with landscaping.
2. The applicant is providing an interconnected system of pathways to help
split long blocks, and to help promote and enhance pedestrian access to the
public road network.
The applicant is providing almost ten percent of open space, as well as the
interconnecting system of pathways.
4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc.,
showing how the streets align between Lochsa Falls and Kelly Creek at
Apgar Creek Street. A proposed street modification to allow the centerline
of Apgar Creek to align with the centerline of the 30 foot wide private
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDMSION / (PP-03-014)
PAGE 15 OF 17
driveway to the west of the main entry street, has been drawn by hand on the
sketch. The deflection angle is less than the 20 degrees allowed by ACHD
and shall meet the District's intersection requirements.
5. The applicant provided a conceptual layout showing how the maximum
project would lay out. The present conceptual plat allows for 214 single
family dwelling lots and said conceptual layout is approved as submitted to
the Council at their August 5, 2003 meeting, with the understanding the
applicant shall be required to provide a detailed plat for approval.
6. The applicant also stated at the August 5, 2003 hearing that they are sharing
an irrigation system with Lochsa Falls, which presently Lochsa Falls is
building the pump station that will serve both developments. The system is
requiring a 16 inch water line.
The applicant shall be required to work with the school district on the
driveways needed for the district, and said driveways shall be shown on the
approved plat.
8. The applicant shall provided an L-type turnaround for fire or emergency
vehicles to turn around, but the L-type turnaround shall have to meet the
approval of the Meridian Fire Department.
9. The applicant is providing 214 single family building lots and 15 other lots
on the 79.77 acres in size, including right-of--way.
NOTICE OF RIGHT TO REGULATORY TAHINGS 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 request for a regulatory takings analysis will toll the time period
within which a Petition for Judicial Review maybe filed.
By action of the City Council at its regular meeting held on the ~~~
day of ~ur~ , 2003.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 16 OF 17
ROLL CALL
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
Attest:
William G. Berg, Jr., City
Copy served upon Applicant, The
Department and City Attorney.
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
KELLY CREEK SUBDIVISION / (PP-03-014)
PAGE 17 OF 17
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