HomeMy WebLinkAboutHighgate Sub No.1 FP 04-001RECEIVED
FEB ~ 4 2004
City Of Meridian
City Clerk Office
ARE ~ EVE
FE. '74
City Of TVleridian
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAW
KEVwE. DINIUs
JuL1EKLEIN FISCHER
CHRL4rOPHERD. GABBERT
WM. F. GIGRAY, III
T. GurHALIAM'"
JILLS. HOLINKA '
JOHN R. KORMANIK*
WILLiAMA MORROW
WILLNM F. NICHCLB *'"
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
WHITE PETERSON, P.A.
CANYON PARRATTHE IDAHO CENTER
g7oo E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 8368}7901
TEL (zo8)466-9272
FAx (zo8) 46S44o5
CHRL41r7PHERS. NYE
PNILiPA PSfERBON
TODD A. ROBSMAN
TERRENCER. wxrre***
* Also admitted in CA
"' Also admitted in OR
"** Also admitted in WA
February 23, 2004
Re: HARRIS HOMES, LLC /HIGHGATE SUBDIVISION NO. 1 /
FINAL PLAT - (FP-04-001)
Dear Will:
Regarding t he above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\MeridianVvleridian 15360M\Highgate Sub No. 1 FP-04-0Ol\ClerkFPltr 02 24 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/17/04
IN THE MATTER OF THE
APPLICATION OF HARRIS
HOMES, LLC FOR APPROVAL OF
31 SINGLE-FAMII.Y
RESIDENTIAL BUILDING LOTS
AND 4 OTHER LOTS ON 5.2
ACRES IN AN R-8 ZONE FOR
HIGHGATE SUBDIVISION NO. 1,
LOCATED ON THE EAST SIDE OF
MERIDIAN ROAD,
APPROXIMATELY 1/3 A MILE
CASE NO. FP-04-001
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
SOUTH OF USTICK ROAD,
MERIDIAN, IDAHO
This matter coming before the City Council for Final Plat approval pursuant, to
Meridian City Code § 12-3-7 on February 10, 2004 and tabled until Febniary 17, 2004, and the
Council finding that the Administrative Review is complete from Steve Siddoway for the
Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated:
February 12, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the
Planning and Zoning Department, commented at the hearing, and the Council having considered
the requirements of the preliminary plat the Council takes the following action:
ORDER OF CONDTfIONAL APPROVAL OF FINAL PLAT / (FP-04-001)
Page 1 of 5
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING HIGHGATE SUBDIVISION PHASE 1,
LOCATED IN GOVERNMENT LOT 5 OF SECTION 6, T.3N., R.IE., B.M., MERIDIAN,
ADA COUNTY, IDAHO 2004, 03-112, SHEET 1 OF 2, PHASE 1 - ISG PLAT, JOB NO.03-
014-00, SHEET N0.2, REVISIONS: REVISED LOTS 13-16 BLOCK 3, ADDED NOTES 12 &
13, ADDED SIDE LOT EASEMENTS & PATHWAY EASEMENT BY: MMM DATE: 2-6-
04, HANDWRITTEN DATE: 2-6-04, STAMPED: RECEIVED FEB 11 2004 CITY OF
MERIDIAN CITY CLERK OFFICE, EAGLE SPRINGS INVESTMENTS, LLC -
DEVELOPER, HUNGER ENGINEERING, INC. -ENGINEER", Eagle Springs Investments,
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 Steve Siddoway for the Planning and Zoning Department, dated: February 12,
2004, listing 17 STTE SPECIFIC REQUIltEMENTS and 8 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 additional requirements from the action
of the Council taken at their February 17 2004 meeting as follows, to-wit:
1.1 Per the action of the City Council taken at their February 17, 2004
meeting, the following shall be a requirement:
1. The developer shall be required to complete the Encroachment
Agreement with Nampa & Meridian Irrigation District prior to
signature on the Final Plat.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-001)
Page 2 of 5
1.2 Adopt the Recommendations 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 azchitects 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:
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.
2. The fmal 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:
The Plat dimensions aze 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-001)
Page 3 of 5
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 ~ day of
~~ ~ ru ~r~ , 2004.
T ',my Weerd
a or, City of Meridian
Attest:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-001)
Page 4 of 5
/~
1 liam G. Berg, Jr., Ci Cler c
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and City Attorney. ~,,,,unwa,„~
By ~-=
Dated: 2 .L6~~¢
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-QOl)
Page 5 of 5
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wazdle
Charles M. Rountree
Cn7 HALL
(208) 888-4433 -Fax 887-4813
PUBLIC WORKS
BUILDAIG DEPARTMENT
(208)897-2211--Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 -FAX 466-4405
MEMORANDUM: February 12, 2004
To: Mayor & City Council
From:. Bruce Freckleton, Engineering Tech III
Steve Siddoway, Principal Planner G~~.-
Re: Highgate Subdivision No. 1
Request for a Final Plat Approval of Highgate Subdivision No. 1, Consisting of
Thirty One (31) Single-family Residential Building Lots and Four (4) Other Lots
on 5.2 Acres in an R-8 Zone by Hams Homes, LLC
(File No. FP-04-001).
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
Note: This staff report is based on the revised plat dated 2/6/04 and the revised landscape plan
dated 2/9/04.
This is the first phase of the Highgate Subdivision, located on the east side of Meridian Road,
approximately 1/3 a mile south of Ustick Road. This phase of the subdivision includes 31 single
family building lots and 4 "other" (landscaping/open space/drainage) lots. The gross density of
Phase No. 1 is approximately 5.96 dwelling units/acre; net density is approximately 8.12
dwelling units/acre.
The subdivision was previously approved as a Planned Development to .allow reduced lot
sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size, and to
exceed block length requirements. There is one special consideration noted below for the
Council's consideration. Upon resolution of that item, staff recommends approval of the
plat.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 -Fax 888-6854
EXHIBIT "A" 1 OF 4
SPECIAL CONSIDERATIONS
Encroachment Agreement: Preliminary Plat Finding #6, page 6 required a copy of the
encroachment agreement with Nampa & Meridian Irrigation District (IVMID) to be
submitted with the final plat application. The agreement has been reviewed by NMID
staff, but has not yet been acted on by NMID and therefore has not been submitted with
the application. Council should determine whether it is appropriate to require the
agreement prior to acting on the plat request, or prior to signature on the final plat. Staff
recommends requiring a copy of the agreement prior to signature on the final plat.
However, if the applicant is unsuccessful in obtaining the encroachment agreement, the
property will have to be replatted because the remaining lot azea would not conform to
the m inimum 1 of s ize approved w ith t he P lanned D evelopment. S ee R equirement # 2
below.
SITE SPECIFIC REQUIREMENTS
Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit
and the recorded Development Agreement.
2. The applicant shall submit a copy of the encroachment agreement with Nampa &
Meridian Irrigation District (NMID) prior to signature on the finial plat. If the applicant
is unsuccessful in obtaining the encroachment agreement, the property must be replatted
because t he r emaining 1 of a rea w ould n of c onform t o t he m inimum lot size a pproved
.with the Planned Development.
3. The fencing plan will require the following modifications:
• All solid fencing shall taper down to 3 feet maximum within 20 feet of all right-of-
way.
Submit a revised fence plan for approval prior to signature on the final plat. Note:
Additional modifications are required in the conditions for Highgate Sub No. 2.
4. The Landscape Plan will require the following modifications:
• Phases 1 and 2 aze reversed and should be corrected.
The trees adjacent to the micropath/ACHD access road may have to shift to
accommodate the 12-foot ACHD access road. The applicant shall work out
alternative compliance with P&Z staff prior to signature on the final plat.
Drainage contours aze incorrectly as crossing the micropath/ACHD access road. The
contours should be corrected.
The applicant shall submit a revised landscape plan for approval prior to signature on
the final plat. Note: Additional modifications are required in the conditions for
Highgate Sub No. 2.
5. All existing trees adjacent to the South Slough/Finch Lateral shall be protected during
construction and retained on site.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208)884-5533 -Fax 888-6854
EXHIBIT "A" 2 OF 4
6. Create 10-foot wide public utilities, drainage and imgation easements across the rear of
all lots.
Graphically depict 8-foot wide public utility, drainage and irrigation easements along
side lot lines wherever pressurized imgation mains are present.
8. Revise plat note number 3 as follows:
"...irrigation easement, ~°°°4 c .. r ,.4,, t 9.1 T 1]t....l. A' ..,..7 T .- t IG' at t ~ t.• t, t, tt
L.....e .. ~.... !G\ C....4 ...:Ae e 4 >, ,unless otherwise dimensioned..."
9. Revise plat note number 9 as follows:
"...area of 1000 SF, excluding~azaQe area, except Lot 7...azea of 1400 SF, excludine
gaza¢e azea."
10. The pressurized irrigation system within this development is to be owned and
maintained b y the N ampa & M eridian Irrigation D istrict. T he application i ncorrectly
states that it will be owned by the Homeowners Association. The City of Meridian
requires that pressurized imgation systems be supplied by a yeaz-round source of water.
If a creek or well source is not available, asingle-point connection to the culinary 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.
11. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fericing installed,
and road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements, including fencing, micro-paths,
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, sanitary sewer, water, etc., prior to
signature on the final plat.
12. 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.
13. 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 fmal plat per Resolution 02-374.
14. All stormwater detention areas shall be designed so that they aze not "wet ponds." Any
drainage a real (detention/retention b asins) m ust b e d esigned t o e nsure t hat w atet w ill
percolate or dischazge within a period of time not to exceed 24 hours for all storms up to
and including a 100-year storm event. Side slopes within drainage areas shall not exceed
3:1.
15. Correct the discrepancy, between the plat and the legal description of the Certificate of
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 _ Fax 888-6854
EXHIBIT "A" 3 OF 4
Owners, for the distance of the "Basis of Bearing" (2658.29' vs. 2558.29')
16. ,Add distance dimensions across the right-of--way adjacent to the island at the entrance to
the subdivision.
17. Staff's failure to cite specific ordinance requirements or terms of the approved
preliminary plat, conditional use pemut or development agreement 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 Ordirance 12-4-13, except as waived by City Council. Plans will need to be
approved by the appropriate irtigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works Department.
2. Any a xisting domestic w ells 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. Street light contractor to 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. Sewer and water mains shall be extended to and through the proposed development,
thereby making the available for adjacent properties.
6. 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.
7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
'and the Public Works Department.
8. Provide sidewalks in accordance with the MCC.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208)884-5533 ~ Fax 888-6854
EXHIBIT "A" 4 OF 4