HomeMy WebLinkAboutFP 04-002 OrderBEFORE THE MERIDIAN CITY COUNCIL
C/C 02/17/04
IN THE MATTER OF THE
APPLICATION OF HARRIS
HOMES, LLC FOR APPROVAL OF
45 SINGLE-FAMILY
RESIDENTiAl, BUILDING LOTS
AND 4 OTHER LOTS ON 10.49
ACRES IN AN R-8 ZONE FOR
HIGHGATE SUBDIVISION N0.2,
LOCATED ON THE EAST SIDE OF
MERIDIAN ROAD,
APPROXIMATELY 1/3 A MILE
SOUTH OF USTICK ROAD,
MERIDIAN, IDAHO
CASE NO. FP-04-002
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 10, 2004 and tabled until February 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 CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 1 of 5
IT IS HEREBY ORDERED THAT:
The Final Plat of "PLAT SHOWING HIGHGATE SUBDIVISION PHASE 2,
LOCATED IN GOVERNMENT LOTS 4 & 5 OF SECTION 6, T.3N., R.IE., B.M,
MERIDIAN, ADA COUNTY, IDAHO 2004, 03-112, SHEET 1 OF 3, PHASE 2 - ISG PLAT,
JOB NO.03-014-00, SHEET NO. 3, REVISIONS: ADDED NOTE 13, REMOVED
PROPOSED EASEMENTS AT REAR OF LOTS 29, 32-36 BLOCK 3 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, MUNGER 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 20 SITE SPECIFIC REQUIREMENTS 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 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.
2. The developer shall not be required to the the Onweiler Lateral,
but shall construct a pathway and fencing along the Onweiler
Lateral per Staff s approval, as the same was required of
Silhouette Subdivision.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 2 of 5
3. The developer shall be required to construct a public easement'.
on Lot 29, Block 4, and reference it on the Plat, as well as
have the public easement recorded prior to signature on the
Final Plat.
1.2 Adopt the Rewmmendations 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 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
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 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 aze approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements aze
completed and/or the appropriate letter of credit or cash has been issued
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 3 of 5
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS 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 ~ 7 ~h day of
/~.C~rG~-u^-~-- , 2004.
of Meridian
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 4 of 5
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Dated: ~~S'O¢
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ORDER OF CONDTPIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
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Page 5 of 5
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Romrtree
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1R IlanHo
CITY HALL
(208) 888-4433 -Fax 887-0B l3
PUBLIC WORKS
BUILDEVG DEPARTMENT
(208) 887-2211 -Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 -FAX 4664405
MEMORANDUM: February 12, 2004
To: Mayor & City Council
From: Steve Siddoway, Principal Planner ~~'-'-'
Bruce Freckleton, Engineering Tech III
Re: Highgate Subdivision No. 2
Request for a Final Plat Approval of Highgate Subdivision No. 1, Consisting of
Forty Five (45) Single-family Residential Building Lots and Four (4) Other Lots
on 10.49 Acres in an R-8 Zone by Hams Homes, LLC
(File No. FP-04-002).
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 second (and final) 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 45 single family building lots and 4 "other" (landscaping/open space/drainage) lots.
The gross density of Phase No. 2 is approximately 4.29 dwelling units/acre; net density is
approximately 5.45 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 are a few special considerations noted below. Upon
resolution of those items, 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 5
SPECIAL CONSIDERATIONS
1. Public Easement: Condition 2 on page 12 of the Preliminary Plat Findings specifies that
a public access easement will be required on Lot 29, Block 4. The Conditional Use
Permit requires that the public easement be recorded prior to signature on the fmal plat.
The easement has not yet been executed. Therefore, the applicant should record an
easement and reference it on the plat prior to signature on the final plat. See
Requirement # 3 below.
2. Ditch Tiling: During the Preliminary Plat, it was stated that the issue of whether or not
to the the Onweiler Lateral would be discussed with the final plat, based on the similar
conditions of approval on Silhouette Subdivision. Since the standard requirement to the
the Onweiler was waived for Silhouette, citing the public interest of getting a pathway,
staff recommends the same for Highgate. See Requirement #4 below.
3. Encroachment Agreement: Preliminary Plat Finding #6, page 6 required a copy of the
encroachment agreement for the South Slough/Finch Drain with Nampa & Meridian
Irrigation District (NMID) to be submitted with the final plat application. The
agreement has been reviewed by NMID staff, but has not yet been acted on by the
NMID Board, 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 area would not conform to the minimum lot size approved with the
Planned Development. See Requirement #5 below.
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit
and the recorded Development Agreement.
2. 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.
• The perimeter fencing along the rear lot lines of the Lots 20-28 of Block 4 shall be
changed from 4' dog ear fencing to 4-foot vinyl.
Submit a revised fence plan for approval prior to signature on the final plat.
3. Submit a copy of a recorded public access easement across lot 29, Block 4 prior to
signature on the final plat. Reference the instrument number of the easement on the plat.
4. Council waives the requirement to file the Onweiler Lateral, as it will be improved with
a public pathway and landscaping per the landscape plan. The South Slough/Finch
Drain is also exempt from tiling requirements.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 ~ Fax 888-6854
EXHIBIT "A" 2 OF 5
5. The applicant shall submit a copy of the encroachment agreement with Nampa &
Meridian Irrigation District (NMID) prior to signature on the final plat. If the applicant
is unsuccessful in obtaining the encroachment agreement, the property must be replatted
because the remaining lot area would not conform to the minimum lot size approved
with the Planned Development.
6. The Landscape Plan will require the following modifications:
• The berms in the drainage azea will need to be modified or deleted.
• Accurately depict the depth of the drainage area in relation to the tot lot.
The applicant shall submit a revised landscape plan for approval prior to signature on
the final plat.
7. The applicant shall provide a cash deposit for '/~ of the cost of the crossing of the
Onweiller Lateral at North Moorgate Way. The amount of the deposit shall be based on
110% of the bid for the crossing. Deposit shall be made prior to signature on the final
plat.
8. All existing trees adjacent to the South Slough/Finch Lateral shall be protected during
construction and retained on site.
9. Revise plat note number 11 as follows:
"...azea of 1400 SF, excluding_garage azea."
10. Create 10-foot wide public utilities, drainage and irrigation easements across the rear of
all lots.
11. The pressurized irrigation system within this development is to be owned and
maintained by the Nampa & Meridian Irrigation District. The application incorrectly
states that it will be owned by the Homeowners Association. 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 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.
12. 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 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.
13. Applicant will be responsible to construct the sewer and water mains to and through this
proposed development, thereby making them available to adjacent properties.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 ~ Fax 888-6854
EXHIBIT "A" 3 OF 5
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
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. Correct the discrepancy between the bearing shown (S 85°39'01"E) on the second leg of
the boundary from the northwest point of Lot 29, Block 4, and the corresponding bearing
of the legal description (S 85°30'01"E) of the Certificate of Owner's.
16. Graphically depict 8-foot wide public utility, drainage and irrigation easements along
side lot lines wherever pressurized irrigation mains are present.
17. Add right-of--way width dimensions across the E. Ryegate Drive near the intersection of
E. Haskins Drive, and along the boundary at the west end of E. Ryegate Drive.
18. Correct the typo in the legal description of the Certificate of Owner's at the "said point
e€being the Real Point of Beginning..."
19. All stormwater detention areas shall be designed so that they aze not "wet ponds." Any
drainage aeeas (detention/retention basins) must be designed to ensure that water will
percolate or dischazge within a period of time not to exceed 24 hours for all storms up to
and including a 100-yeaz storm event. Side slopes within drainage areas shall not exceed
3:1.
20. Staffs failure to cite specific ordinance requirements or terms of the approved
preliminary plat, conditional use permit or development agreement does not relieve
Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
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, except as waived by City Council. 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.
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. One-Hundred watt (100w), high-pressure sodium streetlights will be required at
locations designated by the Public Works Deparhnent. All streetlights shall be installed
at subdivider's expense. Typical locations are at street intersecfions 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.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAH0.83642
(208) 884-5533 _ Fax 888-6854
EXHIBIT °`A" 4 OF 5
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.
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.
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" 5 OF 5