HomeMy WebLinkAboutCastlebrook Sub No. 3 FP 04-009RECEI~1'ED
FEB ~ 4 2004
City Of Meridian
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAW
KHVINE. DHJI[1H
JDLIHKLEIN FISCxeR
CHRISIOPHHRD. GABBERT
Wm. F. Glclux, III
T. Gw Hauem"
JIUS. HOLfNKA
Joxx R. KoRrvuwix•
WILtumA MORROW
WIL[dAN F. NICx018 ""
WHTTF. PETERSON, PA
CANYON PARAATTHE IDAHO CENTER
g9oo E. FRANKLIN RD., SUr[E zoo
NAMPA, IDAHO 8368r~9oI
TLL (zo8) q66-92y2
FAx (zo8) 466-44D5
Febmary 24, 2004
CxRlsroexHRS. NvH
PHILIPA PHTERHON
TODD A. ROSSMAN
THRRENCHR WHTTe"'
" Also admitted in CA
"" Also admitted in OR
"" Also admitted in WA
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re: LIBERTY DEVELOPMENT, INC. / CASTLEBROOK
SUBDIVISION N0.3 /FINAL PLAT - (FP-04-009)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature bythe
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.
V ery tmly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\ivfelidian 15360M\Castlebrook Sub No. 3 FP-04-009\ClerkFPltr 02 24 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/17/04
IN THE MATTER OF THE
APPLICATION OF LIBERTY
DEVELOPMENT, INC. FOR
APPROVAL OF 85 SINGLE-
FAMILY RESIDENTIAL BUILDING
LOTS AND 8 OTHER LOTS ON
23.15 ACRES IN AN R-8 ZONE FOR
CASTLEBROOK SUBDIVISION
N0.3, LOCATED
APPROXIMATELY'/. MILE EAST
OF N. BLACK CAT ROAD ON THE
NORTH SIDE OF W. PINE
AVEUNUE IN THE NW'/a OF
SECTION 10, T.3N., R.1W.,
MERIDIAN, IDAHO
CASE NO. FP-04-009
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 February 17, 2004, and the Council fmding that the
Administrafive Review is complete from Sonya Allen for the Planning and Zoning Department,
and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: February 17, 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 CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 1 of 5
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING CASTELBROOK SUBDTUISION NO. 3,
LOCATED IN THE SE'/4 OF THE NWl/4 OF SEC. 10, T.3N., R.1 W., B.M., MERIDIAN,
ADA COUNTY, IDAHO 2004, SHEET 1 OF 5, HANDWRITTEN DATE: 1-21-04, BAILEY
ENGINEERING, INC. -CIVIL ENGINEERING/PLANNING", Liberty Development, Inc.,
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 for the Planning and Zoning Department, dated: Hearing Date:
February 17, 2004, listing 20 SITE SPECIFIC REQUIREMENTS - (#20 was added as an
additional SITE SPECIFIC REQUIREMENT from the City Council meeting on February 17,
2004) and 8 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 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 items shall be added or modified from the
original staff report dated: Hearing Date: February 17, 2004, and
date stamped by the City Clerk February 13, 2004, as follows:
1. Add the following text to note #4 on the face of the plat:
Lot 9, Block 2 shall have a blanket easement for the City of
Meridian's sanitary sewer main.
2. Add a condition under Site Specific Requirements as
follows: "A minimum 14' wide compacted gravel access
road shall be required over the sewer main on Lot 9, Block
2: ' (See #20 under Site Specific Requirements on the
attached Exhibit "A" 1 of 5.)
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 2 of 5
3. Modify Site Specific Requirement #18 as follows: "Submit
a signed License Agreement with Nampa & Meridian
Irrigation District for the pathway and culvert/footbridee
prior to signature on the final plat
develeprnertt. The pathway and culvertlfootbridae shall be
constructed prior to issuance of the first Certificate of
Occupancy Permit of any lots adjacent to the pathway per
Preliminary Plat Finding No. 2.A.1." (See #18 under Site
Specific Requirements on the attached Exhibit "A" 1 of
5.)
1.2 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires a8er written
approval from the appropriate entities aze 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 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:
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. Storxnwater 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:
The Plat dimensions are approved by the City Engineer; and
ORDER OF CONDrl'IONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 3 of 5
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 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 regulaz meeting held on the
/? ~~
day of
F-~~~~~~ 2004.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 4 of 5
Mayor, City of Meridian
Attest:
William G. Berg, Jr., Ci - $~+ A.~
Copy served upon Applicant, the Planni~, ~n~g )~~ment, Public Works Deparhnent,
and City Attorney. ~~~'''~sn+~tt~ ntu~t``~~~
,u~wuiuui
Dated: 2 ' Z ~ -O `Y~
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-009)
Page 5 of 5
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
CITY HALL
(208) 888-4433 -Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 -Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 -FAX 466-0405
MEMORANDUM:
To: Mayor & City Council
c~R
From: Sonya Allen, Assistant City PlannerU
Bruce Freckleton, Engineering Tech III
Re: CASTLEBROOK SUBDIVISION N0.3
Hearing Date: February 17, 2004
Request for Final Plat Approval of Castlebrook Subdivision No. 3, Consisting of
Eighty-five (85) Single-family Residential Building Lots and Eight (8) Common
Lots on 23.15 Acres in an R-8 Zone by Liberty Development, Inc.
(Fide No. FP-04-009).
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
This is the third phase of Castlebrook Subdivision and consists of 85 single-family residential
building lots and 8 common (landscaping/open space/drainage) lots on 23.15 acres. The gross
density of Phase No. 3 is approximately 3.8 dwelling units/acre. The net density is
approximately 4.97 dwelling units/acre.
The proposed pathway north of the subdivision connects to Castlebrook Subdivision No.l and
is owned by Nampa Meridian Irrigation District. This off-site improvement was offered by the
Developer at the time of the Preliminary Plat approval. A license agreement with NMID will
be submitted to allow the construction of the pathway and the culvert/footbridge on NMID's
property. The pathway will be maintained by the Castlebrook Homeowners Association.
The final plat for this phase complies with the approved preliminary plat (PP-02-032).
Staff recommends approval for Castlebrook Subdivision No. 3 with the comments and
Exhibit "A" 1 of 5
Mayor & City Council
Hearing Date: February 17, 2004
Page 2 of 5
conditions stated in this report.
LOCATION
This phase of Castlebrook Subdivision is located approximately '/mnile east of N. Black Cat
Road on the north side of W. Pine Ave. in the NW '/a oSection 10, T.3N., R.1W.
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet all terms of the approved Annexation (AZ-02-031) and Preliminary
Plat (PP-02-032).
2. Underground year-round pressurized irrigation must be provided to all lots within this
development. If the pressurized irrigation system within this development is to remain a
private Homeowners Association system, complete plans and specifications shall be
reviewed by the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system O&M manual must be
submitted prior to plan approval. The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water. Applicant shall be
..required to utilize any existing surface or well water for the primary source. If a surface
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.
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,
off-site pathway constructed, and road base approved by the Ada County Highway
District prior to applying for building permits. All development improvements,
including fencing, micro-paths, off-site pathway, 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 fmal plat.
4. Water service to this site shall be via main line extensions from the existing mains
adjacent to the property. The applicant shall be required to extend water mains to and
through the proposed development, thereby making them available to the adjacent
properties (including stub streets and EI Gato Road.). 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.
Exhibit "A" 2 of 5
Mayor & City Council
Hearing Date: February 17, 2004
Page 3 of S
5. Sanitary sewer service to this site will be via main line extensions to an existing
temporary lift station within the Blackstone Subdivision. This lift station pumps to an
existing gravity sewer main located in Black Cat Road, that then flows to the Ashford
Greens lift station. The Blackstone lift station shall be upgraded or modified, at this
developers expense, to the City of Meridian's standards and specifications. The applicant
will be responsible to construct lateral sewer mains to and through this proposed
development including and in coordination with the City's Black Cat Trunk Project.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. This development shall be subject to the Ashford Greens sewer latecomers
fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be
assessed against this development. Payment of the trunk development fees and
latecomer fees are required prior to signature on the fmal plat map by the City Engineer.
Applicant shall execute City of Meridian standard forms of easements, for any mains
that are required to provide service.
6. Fencing is approved as shown on the landscape plan dated 12/12/03 (Sheets L-1.0 & L-
1.1)prepared by South Landscape Architecture.
Temporary construction fencing to contain debris shall be installed along the eastern
boundary of this phase unless fencing already exists at the subdivision boundary.
7. Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height
if sight obscuring material is used or 4-feet in height if non-sight obscuring material is
used.The landscape plan dated 12/12/03 (Sheets L-1.0 & L-1.1) prepared by South
Landscape Architecture needs to be revised as follows:
a. Include landscaping for Lot 9, Block 2. No trees are allowed within the sanitary
sewer easement on this lot.
b. Include a 5-foot wide micropath on Lot 24, Block 2 that runs between Lots 17 &
18, along the drainage pond and connects to the pathway/footbridge north of the
subdivision.
8. 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.
9. 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. (All areas being counted toward the 10%
open space amenity shall be free of "wet ponds" or other such nuisances.)
10. Add lot line and centerline line types to the plat legend.
11. Revise note #10 to remove the reference to ownership since the HOA's responsibility
will only be for maintenance. The underlying land is owned by NMID.
Exhibit "A" 3 of 5
Mayor & City Council
Hearing Date: February 17, 2004
Page 4 of 5
12. Complete the instrument number in note #2.
13. Add plat note #11: The bottom elevation of all structural footing shall be set a minimum
of 12-inches above the highest established normal ground water elevation.
14. Add CP&F Numbers to the Center''/4 Comer if applicable.
15. Please revise the Public Utilities, Drainage and Irrigation Easement width to 8-feet along
the east side of Lot 17, Block 3, Lot 11 & 14, Block 2. The extra width is necessary for
pressurized irrigation main lines.
16. Add right-of--way width dimensions across W. Gillete Drive.
17. Place a note on the plat that references the FEMA flood plain boundary adjacent to the
Ten Mile Creek. Note restrictions associated with the flood zone on the face of the
preliminary plat.
18. Submit a signed License Agreement with Nampa & Meridian Irrigation District for the
pathway and culverUfootbridee prior to signature on the fmal plat
"~op~ent. The pathway and culvert/footbridee shall be constructed prior to the
issuance of the first Certificate of Occupancy Permit of any lots adjacent to the pathway
per Preliminary Plat Finding No. 2.A.1. (Revised as above per action of the Council
taken at their February 17, 2004 meeting -see Final Plat Order.)
19. Staff s failure to cite specific ordinance provisions or terms of the approved annexation
or preliminary plat does not relieve Applicant of responsibility for compliance.
20. A ndnimum 14' wide compacted gravel access road shall be required over the
sewer main on Lot 9, B lock 2. (Added per action of the Council taken at their
February 17, 2004 meeting -see Final Plat Order.)
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 firom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
maybe used for non-domestic purposes such as landscape imgation.
3. Two-Hundred-Fifty (250w) and One-Hundred watt (100w), high-pressure sodium
streetlights will be required at locations designated by the Public Works Department. All
Exhibit "A" 4 of 5
Mayor & City Council
Hearing Date: February 17, 2004
Page 5 of 5
streetlights shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire h ydrants. 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 Deparhnent 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.
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.
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.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Castlebrook Subdivision No. 3 with the above
stated comments & conditions.
Exhibit "A" 5 of 5