HomeMy WebLinkAboutKelly Creek Sub No. 1 FP OrderBEFORE THE MERIDIAN CITY COUNCIL
C/C 11/18/03
IN THE MATTER OF THE
APPLICATION OF KEVIN
HOWELL CONSTRUCTION FOR
APPROVAL OF FINAL PLAT FOR
KELLY CREEK SUBDIVISION NO.
1, LOCATED AT THE
NORTHWEST CORNER OF
NORTH CINDER ROAD AND
WEST McMILLAN ROAD,
MERIDIAN, IDAHO
CASE NO. FP-03-061
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 November 18, 2003, and the Council finding that the
Administrative Review is complete which has included certain comments as stated in a letter to
the Mayor and Council from Sonya Allen Planner I for the Planning and Zoning Deparhnent, and
Bruce Freckleton, Engineering Technician III, and that Anna Powell Planning Director for the
Planning and Zoning Department, and Darin Fluke, commented at the hearing, and the Council
having. considered the requirements of the preliminary plat the Council takes the following
action:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK SUBDNISION NO. 1 / (FP-03-061)
Page 1 of 5
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "KELLY CREEK SUBDIVISION NO. 1" as evidenced in Plat
bearing: "PLAT SHOWING KELLY CREEK SUBDIVISION NO. 1, A PORTION OF THE
SOUTH % OF THE SOUTHEAST % OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1
WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, GAL\11913FP1.dwg
10/02/03, SHEET 1 OF 3, HANDWRITTEN DATE: 10-2-03, KEVIN HOWELL
CONSTRUCTION -DEVELOPER, J-U-B ENGINEERS, 1NC. -ENGINEERS SURVEYORS
PLANNERS", Kevin Howell Construcfion, 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 Freckleton, Engineering Technician III, and Sonya Allen Planner I for the
Planning and Zoning Department, dated: Hearing Date: November 18, 2003, listing 7 General
Requirements and 13 Site Specific Comments/Final Plat, a true and correct copy of which is
attached hereto marked Exhibit "A", and consisting of five pages, and by this reference
incorporated herein, and the additional requirements from the action of the Council taken at their
November 18, 2003 meeting as follows, to-wit:
1.1 Adopt the Conditions of the Meridian Fire Department as follows:
L One and two family dwellings will require afire-flow of 1,000 gallons
per minute available for duration of 2 hours to service the entire prof ect.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
2. Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian
Fire Department thru the Public Works Department.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK SUBDIVISION NO. 1 / (FP-03-061)
Page 2 of 5
4. All roads shall have a fuming radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are
required before combustible constmctionbegins.lJFC 901.4.2 & 901.3
6. 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
tum around.
7. 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
8. The fire department requests that any future signalization installed as
the result of the development ofthis 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 bebomeby
the developer
1.2 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 Welfaze, 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;
that engineers and azchitects should obtain cunent 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK SUBDIVISION NO. 1 / (FP-03-061)
Page 3 of 5
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 ofoff--site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND 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.
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 maybe 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK SUBDIVISION NO. 1 / (FP-03-061)
Page 4 of 5
By action of the City Council at its regulaz meeting held on the ! ~~ day of
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK SUBDIVISION NO. 1 / (FP-03-061)
Page 5 of 5
HUB OF TREASURE VALLEY
MAYOR A Good Place to Live LEGAL DEPARTMENT
Robert D. Come
CITY OF MERIDIAN (208) 466-9272 • Fax 466-4405
CnY CDUNCILMEMaERS PUaLIC WGAKS
Tanmry deWeerd 33 EA$T ID,~l-j0 BUILDING DEPAATM ENT
(208) 898-5500 ~ Fax 887-1297
Keith Bird MERH)IAN, IDAHO 83642
Cherie McCandless (208) 888-4433 ~ FAX (2081887-0813 PLANNfNG AND ZONING
R'illiam L.M. Nary City Clerk Oflice Fax (208) 888-42 t8 DEPARTMENT
(208) 884-5533 -FAX 888-6854
STAFF REPORT: Hearing Date: November 18, 2003
To: Mayor, City Council and Planning & Zoning Commission
From: Sonya Allen, Planner I :'J R
Bruce Freckleton, Senior Engineering Tech
Re: Kelly Creek Subdivision No. 1
• Final Plat approval of Sixty-Three (63) Single-Family Residential
Building Lots and Ten (10) Common Lots on 25.78 Acres in an R-8
(P.D.) Zone, by Kevin Howell Construction (File No. FP-03-061).
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
The applicant, Kevin Howell Construction, has applied for Final Plat approval of 63 single-
family residential building lots and 10 common lots on 25.78 acres of land for Kelly Creek
Subdivision No. 1. The current zoning designation for the proposed subdivision is R-8
(Medium Density Residential). This subdivision will have a gross density of 2.44 d.u./acre.
The common lots within the subdivision consist of common area landscape/drainage/pathway
lots which will be owned and maintained by the Kelly Creek Neighborhood Association. The
pressurized irrigation system within this development will be owned and maintained by
Settler's Irrigation District.
The submitted final plat substantially complies with the approved preliminary plat. Staff
requested as a condition of the preliminary plat that the applicant include the future right-of-
way along N. Linder Road in a common lot; they have done this.
A Conditional Use Permit/Planned Development was approved for the proposed subdivision
which allowed for a mix of residential and commercial uses in the R-8 zone, reduced lot sizes,
reduced frontage requirements, and allowance of blocks within the subdivision to exceed the
maximum block length of 1,000 feet.
EXHIBIT "A"
PAGE 1 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 2
Staff recommends approval of the final plat for Kelly Creek Subdivision No. 1 with the
comments and conditions stated in this report.
LOCATION
The proposed Kelly Creek Subdivision No. 1 is located on the NW corner of N. Linder Road
and W. McMillan Road in the 5E ~/of Section 26, T.4N., R.1W.
SURROUNDING PROPERTIES
North: Recently approved Lochsa Falls Subdivision (single-family residential), zoned R-4.
West: Recently approved Lochsa Falls Subdivision (single-family residential), zoned R-4.
East: Across N. Linder Rd., rural residential/agricultural land zoned RUT (Ada County).
South: Across W. McMillan Rd., recently approved Bridgetower Crossing Sub., zoned R-4.
SITE SPECIFIC COMMENTS /FINAL PLAT
1. Applicant is to meet all terms of the approved conditional use permit (CUP-03-028),
preliminary plat (PP-03-014) and Development Agreement (Inst. No. 103181095).
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, asingle-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.
Per the Preliminary Plat Findings, fencing will be required along the east and west
boundaries of the central park for a consistent appearance from within the pazk.
Temporary construction fencing to contain debris shall be installed along the boundary of
the subdivision where none exists. All other fencing shall be installed as shown on the
Landscape Plan (Sheets L-1, L-2, and L-3), dated 10/6/03. Please submit three copies of
the revised landscape plan to the Planning & Zoning Department prior to signature on the
final plat.
All fencing shall be reduced to three feet in height within twenty feet of the right-of--way.
4. Revise the Landscape Plan as follows:
a. "Paper birch" trees aze listed as anon-permitted tree per the Tree Selection Guide.
Replace with allowed species.
b. Revise the container size of the "Goldflame Spirea" to 2 gallon per MCC.
EXHIBIT "A'>
PAGE 2 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 3
Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed, and
road base approved by the Ada County Highway District prior to applying for building
permits. All development improvements, including perimeter fencing, irrigation, and
landscaping 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,
landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to
signature on the final plat.
5. Sanitary sewer service and municipal water to this site shall be via extensions from
existing mains. Applicant will be responsible to construct the sewer and water 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.
6. Complete the Certificate of Owners and accompanying Acknowledgment prior to
signature on the final plat.
Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
8. Revise or add the following notes to the face of the plat:
(1.) Revise note to read: "Building setbacks and dimensional standards in this
subdivision shall be in compliance with Conditional Use Permit (CUP-03-0281."
(7.) Delete note (No longer required as a note on the face of the plat).
(12.) Complete Instrurent Number.
(13.) Complete Instrument Number.
Add note: Anv drainage areas (detention/retention basinsl must be designed to ensure
that water will percolate or dischazge within a period of time not to exceed 24 hours for
all storms un to and includin ag 100-year storm event.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. Applicant shall be required to install a temporary turn-azound on the south end of N.
Chimney Peak Avenue.
11. Graphically depict eight (8) foot wide public utilities, drainage, and irrigation easements
EXHIBIT "A"
PAGE 3 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 4
on the west side of Lot 17, Block 1, Lot 5, Block 2, Lot 2, 10, and 21, Block 4, and the
ease side of Lot 8, Block 2, and the south side of Lot 2, Block 6. The extra width is
required due to the location of pressurized irrigation mainlines.
12. Complete the CP&F filing numbers on the face of the plat.
13. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary
plat or conditional use permit does not relieve the 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 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users associafion (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 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. Two-hundred-fifty and 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 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. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
5 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.
6. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
7. 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.
EXIIIBIT "A"
PAGE 4 OF 5
Planning & Zoning Commission/Mayor & City Council
Hearing Date: November 18, 2003
Page 5
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Kelly Creek Subdivision No. 1 with the above
stated comments and conditions.
EXHIBIT "A"
PAGE 5 OF 5