HomeMy WebLinkAboutBear Creek No. 8 FP 03-052BEFORE THE MERIDIAN CITY COUNCIL
C/C 10/07/03
C/C 11/05/03
C/C 11/25/03
IN THE MATTER OF THE
APPLICATION OF BEAR CREEK,
LLC FOR APPROVAL OF 12
BUILDING LOTS AND 9 OTHER
LOTS ON 10.92 ACRES IN AN R-4
ZONE FOR BEAR CREEK N0.8
(fka No. 7), LOCATED AT SOUTH
STODDARD ROAD AND WE5T
VICTORY ROAD, MERIDIAN,
IDAHO
CASE NO. FP-03-052
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 October 7, 2003 and deferred to November 5, 2003 and tabled
un61 November 25, 3003, and the Council finding that the Administrative Review is complete
from Sonya Allen, Planner for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician III, dated: Hearing Date: September 30, 2003, to the Mayor and Council,
and that Anna Powell Planning Director for the Planning and Zoning Department, and Steve
Arnold, commented at the October 7, 2003 hearing, and the Council having considered the
requirements of the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
The Final Plat of Bear Creek No. 8 (Ika No. 7) "PLAT OF BEAR CREEK
SUBDIVISION NO. 7, LOCATED IN THE SE '/4 OF SECTION 24, T.3N., R.1 W., BM,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052)
Page 1 of 5
MERIDIAN, ADA COUNTY, IDAHO, 2003, 30306-PLT.DWG MEM 8/21/03, STAMPED
DATE: AUG 21 2003, HANDWRITTEN DATE: 8/21/03, SHEET 1 OF 2, RK
DEVELOPMENT, LLC -DEVELOPER (THIS SHOULD BE: BEAR CREEK, LLC -
DEVELOPER), BRIGGS ENGINEERING, INC. -CONSULTING ENGINEERS", 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
Freckleton, Engineering Technician III, and Sonya Allen Planner for the Planning and Zoning
Department, dated: Hearing Date: September 30, 2003, listing 19 SITE SPECIFIC COMMENTS
and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked
Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the
reference to the deferral of this application in a letter from Steve Arnold dated October 7, 2003, a
true and correct copy of which is attached hereto marked Exhibit "B", and consisting of one
page, and by this reference incorporated herein, and the additional requirements from the action
of the Council taken at their November 25, 2003 meeting as follows, to-wit:
1.1 Comply with the conditions of the Nampa & Meridian Irrigation
District as follows:
The District requires a Land Use Change Application to be
filed for review prior to final platting. All laterals and
waste ways must be protected. All municipal surface
drainage must be retained on site. If any surface drainage
leaves the site, the District must review drainage plans.
The developer must comply with Idaho Code 31-3805.
2. It the development is planning a pressure urban irrigation
system that will be owned, operated and maintained by the
District, the developer shall coordinate with the District
concerning the installation of the pressure system. Fill out
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052)
Page 2 of 5
and return the District's questionnaire in order to initiate
the process of contractual agreements between the owner or
developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
1.2 Comply with the conditions of the Central District Health
Department as follows:
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; that engineers and architects should-obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
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.
1.3 From the November 25, 2003 City Council meeting the following
clarifications are noted for the record:
1. This Final Plat application, Case No. FP-03-052, shall now
be known as Bear Creek Subdivision No. 8.
2. Pertaining to the issue on the frontage, the developer shall
accommodate the shortage by adding frontage around the
cul-de-sac.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052)
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 of off-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 may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052)
Page 4 of 5
By action of the City Council at its regular meeting held on the
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the Planning and Zoning Department, Public Works Department,
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052)
Page 5 of 5
MAYOR A Good Place to hive L13G:rV, DEPARTMENT
Robett D
Conic (208) 466-9272 Fax 466-440
. CITY OF MERIDIAN PU73LIC WORKS
CITY COUNCIL MEMBERS
Keith Bird 33 EAST IDAHO BUII,DING DLPART'MENT
(208) 887-2211 Fax 887-1297
Tammy deWeerd MERIDIAN, IDAHO 83642
Cherie McCandless (208) 888-4433 ~ F'AX (208) 887-4813 PLANNING AND ZONING
William Nary City Clerk Office Fax (208) 888-4215 DL:PARTh1ENT
(208) 884-5533 ~ Ft\X 888-6854
STAFF REPORT: Hearing Date : September 30, 2003
To: Mayor & City Council
r~
From: Sonya Allen, Assistant City Planner C~
Bruce Freckleton, Engineering Tech. III ~-
Re: Request for Final Plat Approval of Twelve (12) Residential Building Lots and Nine (9)
Other Lots on 10.92 Acres in an R-4 Zone for Beaz Creek Subdivision No. 7, by Bear
Creek, LLC (File No. FP-03-052).
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:
APPLICATION SUMMARY & LOCATION
The applicant, Bear Creek, LLC, has requested final plat approval of the seventh phase of Bear
Creek Subdivision located on the north side of W. Victory Road, approximately % mile west of S.
Meridian Road (Hwy 69). This phase includes 12 single-family building lots and 9 common lots. The
gross density is approximately 1.09 dwelling units/acre, with a net density of 1.72 dwelling
units/acre.
The site is approximately 10.92 acres and is currently zoned R-4. All lots within the subdivision
meet the minimum lot requirements of the R-8 zone except for Lot 36, Block 15 which needs to be
revised to meet the minimum street frontage requirement of 80 feet. The minimum house size within
the subdivision is 1,400 square feet, not including the garage area. The minimum lot area within the
R-4 zone is 8,000 s.f. per dwelling unit.
A variance request to exceed the maximum cul-de-sac length of 450' on S. Silvertip Place was
previously approved for this project. Staff finds that the proposed final plat substantially complies
with the approved Preliminary Plat.
Staff recommends approval of the final plat for Bear Creek Subdivision No. 7 with the comments and
conditions stated in this report.
SITE SPECIFIC COMMENTS
EXHIBIT "A"
PAGE 1 OF 4
Mayor and Council
Hearing Date: September 30, 2003
Page 2
Applicant is to meet all terms of the approved Preliminary Plat (PP-03-009) and Development
Agreement (Instrument No. 103137113).
2. The pressurized irrigation system within this development is to be an extension of the system
that is owned and operated by the Nampa Meridian Irrigation District. 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.
Compaction test results must be submitted to the Meridian Building Department for all building
pads within lots receiving engineered backfill.
4. The design of drainage areas shall ensure that water is retained only during 25-yeaz storm
events for a period of time not to exceed 24 hours.
5. The private street within this development shall be designed and constructed to public street
standards per Meridian City Ordinance.
6. 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.
7. All landscaping and fencing shall be installed as depicted on the landscaping plan submitted as
part of the Final Plat application (Sheets L-1 & L-2, dated 7/22/03 by The Land Group).. All
landscaping shall be installed prior to the issuance of any Certificates of Occupancy.
8. All required fencing shall be installed prior to issuance of any building permits.
All fencing shall be reduced to three feet in height within twenty feet of the right-of--way of S.
Silvertip Place per MCC.
9. Sanitary sewer service to this site will be via a temporary lift station pumping to an existing
gravity sewer main located in Overland Road. 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.
EXHIBIT "A"
PAGE 2 OF 4
Mayor and Council
Hearing Date: September 30, 2003
Page 3
10. Water service to this site will be via extensions of existing mains installed in adjacent
developments. 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.
11. 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.
12. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of
mailbox structures per MCC 12-5-2.K.
13. Complete the Certificate of Owners and its accompanying Acknowledgment.
14. 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.
15. Revise the plat to show a 20' easement to the City for a pathway along the south side of the
Ridenbaugh Canal per Preliminary Plat Findings of Fact and Conclusions of Law No. 12
(applicant is not required to construct the pathway). The easement shall be recorded ahead of
the final plat, and the recording instrument number shall be referenced on the plat.
16. Lot 36 does not meet the minimum street frontage requirement of 80 feet. Revise plat to
comply with MCC.
17. Revise Silvertip Place to Silvertip Lane per the Ada County Street Name Committees approval.
18. Please add or revise the following plat notes:
(1.) ...adjacent to ~~•~ ~••'~a.n Silvertip Lane...
(2.) ...do not front ° ~••' ~ Silvertip Lane.
(8.) ...provisions of the recorded Development Agreement Instrument No. 103137113 ...
(13.) Revise minimum square footage of single family structures to 1,400 s.f.
(15.) Revise: Garage, Interior Side - 5' (ordinance has changed)
(16.) Add note: The owner of each lot, across which passes an irrigation/drainaee ditch or
pipe is responsible for the maintenance thereof unless such responsibility is assumed by an
irrigation/drainage district.
19. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance.
EXHIBIT "A"
PAGE 3 OF 4
Mayor and Council
Hearing Date: September 30, 2003
Page 4
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance
12-4-13. Plans will need to be approved by the appropriate irrigation drainage district, or
lateral users association, 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 hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain an approved design and 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 Public Works Department.
RECOMMENDATION
Staff recommends approval of the final plat for Bear Creek Subdivision No. 7 with the above stated
comments and conditions.
EXHIBIT "A"
PAGE 4 OF 4
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October 7, 2003
FAXED DIRECT: (868-6864, 888218)
Anna Powell, Planning Director
Meridian PMnning and Zoning
660 E. Wateriower, Suite 202
Meridian, Id 83642
RE: Bear Creek No. 7
Dear Anna,
7806 WaSt Overland Road
Boise, Idaho 83705 - 3142
Voice (208)344-9700
Fau (208) 345-2950
stevsa~bri99s'en9lneenn8.com
www.bnggs-engineering.com
-~ ~~' ~' I i/ 1'.a
PICT ~ ~ 2003
d;id;;> Of Nleridirar~
pity C;Ierk Ofi'ic,.
Bear Creek No. T is scheduled for tpnlgM's City Council Hearing for review and comment. The
developer will soon be subm~ting Bear Creek No. 8 for final plat approval, that application will be
submitted by October 10, 2003. It fs also the intention of the developer to build phase 8 prior to
phase 7. Therefore, we are going to request the Cdy refer to the approval of phase 7 as phase 8
and visa versa for phase 8 to be referred to in the future as phase 7. Based on the switch of
phasing, I request that the hearing on the final plat for phase 7 be deferred to November 5, 2003,
City Council hearing which is the ant~patsd date for the hearing of phase B, which will now be
refened to as phase 7.
The developer and myself appreciate the City working with us on this change and we do
understand the difficulties this change creates internal, as it will within our offioss. However, it
is of the opinion of the developer that the market at this time will have a greater demand for
the krts in phase 8 (now 7) than for phase 7 (now 8).
Sincerely C~C ~0 ~ 0-?-i~3
Steve Amokl
Planning Projects Manager
Cc: Project file
B~rCraek L1C
303061Pirlwiomy Plat deferral
OCT 07 ' 03 15 47