HomeMy WebLinkAboutBear Creek Sub No. 7 Order
BEFORE THE MERIDIAN CITY COUNCIL
C/C 11/25/03
IN THE MATTER OF THE
APPLICATION OF BEAR CREEK,
LLC FOR APPROVAL OF 40
BUILDING LOTS AND 7 OTHER
LOTS ON 13.85 ACRES IN AN R-4
ZONE FOR BEAR CREEK NO. 7,
LOCATED WEST OF SOTUH
MERIDIAN ROAD AND SOUTH OF
WEST OVERLAND ROAD,
MERIDIAN, IDAHO
CASE NO. FP-03-062
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 25, 2003, and the Council finding that the
Administrative Review is complete from Sonya Allen, Planner for the Plaiming and Zoning
Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: November
25, 2003, to the Mayor and Council, and that Amia Powell Plazming Director for the Planning
and Zoning Department, and Matt Schultz, commented at the 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 "PLAT OF BEAR CREEK SUBDNISION NO. 7. A PARCEL
OF GROUND LOCATED IN THE SE'/4 OF SECTION 24, T3N., Rl W., B.M., MERIDIAN,
ADA COUNTY, IDAHO, 2003, SHEET: 1 OF 2, 30604 MEM 9/30/03, HANDWRITTEN
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-062)
Page 1 of 5
i •
DATE: 10/17/03, STAMPED DATE: OCT 20 2003, 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 Plamiing and Zoning Department, dated: Hearing
Date: November 25, 2003, listing 23 SITE SPECIFIC COMMENTS and 6 GENERAL
REQUIREMENTS, 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 25, 2003 meeting as
follows, to-wit:
1.1 Comply with the conditions of the Meridian Fire Department as
follows:
That a fire flow of 1,000 gallons per minute be available to
service the entire project. Fire hydrants shall be placed an
average of 400' apart.
2. Operational fire hydrants and temporary or pernzanent street
signs are required before combustible construction begins.
3. Acceptance of water supply for fire protection is contingent
upon acceptance of the water system by the City of
Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Parking will be restricted to one side of the street on all
portions of the roadway with a 29' wide street section.
1.2 Comply with the conditions of the Nampa & Meridian Irrigation
District as follows:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-062)
Page 2 of 5
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.
1.3 Comply with the conditions of the Central District Health
Department as follows:
The Central District Health DepartmenC 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 stonnwater 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
stonnwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
State of Idaho Catalog Of Stonnwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. stonnwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-062)
Page 3 of 5
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 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.
By action of the City Council at its regular meeting held on the ~ J ~ day of
IVDI/6h,. ~~-.- , 2003.
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ORDER OF CONDITIONAL APPROVAI:'OF FINy1T. PLAT / (FP-03-062)
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
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STAFF REPORT:
To: Mayor & City Council
From: Sonya Allen, Assistant City Planner t'~~
Bruce Freckleton, Engineering Tech. III ~-
Re: Bear Creek Subdivision No. 7
LEG:1L DEPd12TD4LNT
(203) 466-9272 Fax 466-4405
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BUILDING DEY.V2'C?~1f:N"C
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Pl.:ANNING ,AND ZONING
Dl.; P. A R'rdtl iN'1'
(303) 331-5.33 I~,1A 383-G8~.
Hearing Date: November 25, 2003
Request for Final Plat Approval of Forty (40) Single-Family Residential Building Lots
and Seven (7) Common Lots on 13.85 Acres in an R-4 Zone for Bear Creek Subdivision
No. 7, by Bear Creek, LLC (File No. FP-03-062).
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. This phase includes 40 single-family residential building lots and 7 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 13.85 acres and is currently zoned R-4. All lots within the subdivision
meet the minimum lot requirements of the R-4 zone. The minimum house size within the subdivision
is 1,400 square feet, not including the garage area. The minimtun lot area within the R-4 zone is
8,000 s.f. per dwelling unit.
The preliminary plat for this subdivision was approved as Phase No. 8. The applicant is now
changing Phase No. 8 to Phase No. 7. The approved preliminary plat for Phase No. 7 will be final
platted as Phase No. 8. The applicant states that this change is due to marketing issues.
The submitted final plat substantially complies with the approved Preliminary Plat.
Staff recommends approval of the final plat for Bear Creek Subdivision No. 7 with the continents and
conditions stated in this report.
EXHIBIT `A'
PAGE 1 OF 5
HUB OF TREASURE VALLEY
A Good Place to Lice
CITY OF MERIDIAN
33 EAST IDAHO
IvfERIDIAN, IDAHO 83642
(203) aa3-a4ss ~ F;tx (2os) asp-4sls
Ciq• (;Icrl: UEua• I~ax (203) 333-1?78
Mayor and Council
Hearing Date: November 25, 2003
Page 2
LOCATION
The proposed Bear Creels Subdivision No. 7 is located approximately'/ mile west of S. Meridian Road
and '/4 mile north of W. Victory Road in the SE '/4 of Section 24, T.3N., R.1 W.
SURROUNDING PROPERTIES
North: Existing phases of Bear Creek Subdivision, zoned R-4.
South: Existing phases of Bear Creek Subdivision, zoned R-4.
East: Recently approved church site, zoned R-8; rural-residential/agricultural property, zoned RUT
(Ada County).
West: Existing phases of Bear Creek Subdivision, zoned R-4.
SITE SPECIFIC COMMENTS
1. Applicant is to meet all terms of the approved Preliminary Plat (PP-03-021) and Development
Agreement.
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 finial plat by the
Meridian City Engineer.
3. Compaction test results must be submitted to the Meridian Building Department for all building
pads within lots receiving engineered backfill.
4. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to and
including a 100-year storm event.
5. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, perimeter fencing installed,
and road base approved by the Ada County Highway District prior to applying for building
permits. All development improvements shall be installed and approved prior to obtaining
certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be
required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
EXHIBIT `A'
PAGE 2 OF 5
Mayor and Council
Hearing Date: November 25, 2003
Page 3
6. All landscaping shall be installed as depicted on the landscape plan submitted as part of the
Final Plat application (Sheets L-C & L-1, dated 9/30/03 by The Land Group). All landscaping
shall be installed prior to the issuance of any Certificates of Occupancy.
The landscape/fencing plan shall be revised to include fencing on the lots adjacent to Lots 13 &
23, Block 23; Lots 25 & 34, Block 12; and Lot 11, Bloclc 14. A revised fencing plan must be
submitted prior to signature on the final plat.
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.
Sanitary sewer service to this site will be via a temporazy lift station pumping to an existing
gravity sewer main located in Overland Road. Applicant will be responsible to constrict lateral
sewer mains to and through this proposed development. 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. Black
Cat trunk development fee of $1,500.00 per dwelling unit shall be assessed against this
development. Payment of the tnu~k development fee is required prior to signature on the final
plat map by the City Engineer.
9. 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 d evelopment. Subdivision d esigner t o coordinate m air s izing and r outing w ith t he
Public Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
10. 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.
l 1. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of
,mailbox strictures per MCC 12-5-2.K.
12. Complete the Certificate of Owners and its accompanying Acknowledgment prior to signature
on the final plat.
13. Delete the square footage notations across Lots 30-31, Block 9.
14. Graphically depict 5-foot wide public utilities, drainage and irrigation easement across the west
.side of Lot 31, Block 9, and the south side of Lots 28, Block 15, and Lot 7, Blocl< 14, as these
lot lines will be side lot lines adjacent to other phases of this development.
EXHIBIT `A'
PAGE 3 OF 5
Mayor and Council
Hearing Date: November 25, 2003
Page 4
15. Change the year of the plat, sheets one and two, to "2004," as this plat won't be recording this
year.
16. The overall distance shown across the south boundary of Lots 25-27, Block 12 and the right-of-
way W. Grizzly Drive, doesn't equal the sum of the individual distances shown for each lot,
and right-of--way. Please make the corrections necessary.
l7. The distances shown on Lots 8-9, Block 23, don't equal the distances shown on Lots 16-17,
Block 23.
18. Provide ablow-up detail of the south end of the right-of--way of S. Bear Cfaw Way.
19. Label the "Real Point of Beginning."
20. The legal description in the "Certificate of Owner's" doesn't appear to be for this subdivision.
21. 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.
22. Please add or revise the following plat notes:
(8.) Revise to read: "...until the provisions of the recorded Develonment Aereement,
Instrument No. have been fulfilled as determined by the City of Meridian."
(Include Instrument No.)
(10.) Revise note to include Lot 1, Block 24 and Lot 34, Block 12 as non-buildable lots.
(1 I.) Delete note No. 11. (Np longer required in notes.)
13. Add note: The owner of each lot across which passes an ini~atioi>/drlina~e ditch or
ape, is responsible for the maintenance thereof unless such responsibility is assumed
by an irrigation/drainage district.
23. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance
12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or
EXHIBIT `A'
PAGE 4 OF 5
Mayor and Council
Hearing Date: November 25, 2003
Page 5
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.
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.
Coordinate fire hydrant placement with the City of Meridian's Public Works Department.
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.
RECOMMENDATION
Staff recommends approval of the final plat for Bear Creek Subdivision No. 7 with the above stated
comments and conditions.
EXHIBIT `A'
PAGE 5 OF 5