HomeMy WebLinkAboutCobre Basin No. 3 FP 04-013RECEI~TET)
MAR i ~ 20R4
City Of IVleridian
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAw
KBYLV E. DMIH$
IuLO: KLEIN FISCHER
CHRISTOPHER D. GABBFRT
WH. F. GICRAY, III
T. Gur HALLnm **
JBt S. HOLWKA
Joxx R. KORMANIK *
WBtrann A. MORROW
WBtIAnn F. NICHOLS **
WHCCE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E FRANKLIN RD., SurrE 200
NAMPA, IDAHO 83687-79Dt
7~L (208) 4669272
FAx (208) 466-0405
CxRrsroexFn S. NvB
PH@@ A. PEPERSON
TonoA. RosstuN
TexneivCSR. WxHS ••*
* Also admitted m CA
** Also admitted m OR
*** Also admitted m WA
March 17, 2004
William G. Berg Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re: HAVASU CREEK, LLC / COBRE BASIN SUBDIVISION N0.3 /
FINAL PLAT - (FP-04-013)
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.
Very truly yours,
Wm. F. Nichols
Zi\Work\M1MeridianN4eridian I5360M\Cobre Basin Sub No. 3 FP-04013\ClerkFPlh D3 17 04.dec
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03/02/04
IN THE MATTER OF THE
APPLICATION OF HAVASU
CREEK, LLC FOR APPROVAL OF
74 SINGLE FAMILY RESIDENTIAL
BUILDING LOTS AND 1 COMMON
LOT ON 23.59 ACRES IN AN R-4
ZONE FOR COBRE BASIN
SUBDIVISION N0.3
(PRELIMINARY PLATTED AS
HAVASU CREEK SUBDIVISION),
LOCATED APPROXIMATELY'/
MILE WEST OF N. LOCUST
GROVE ROAD AND''/z MILE
SOUTH OF E. McMILLAN ROAD
IN THE NE '/< OF SECTION 31,
T.4N., R,lE., MERIDIAN, IDAHO
CASE NO. FP-04-013
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 March 2, 2004, and the Council finding that the Administrative
Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, dated: Hearing Date: March 2, 2004, to the Mayor and
Council, and that Anna Powell Planning Director for the Planning and Zoning Department, Brad
Watson of the Public Works Department, and Justin Martin, commented at the hearing, and the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-013)
Page 1 of 4
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 COBRE BASIN SUBDIVISION NO. 3, A
PORTION OF THE NE '/ OF SECTION 31, T.4N., R.IE., B.M., MERIDIAN, ADA COUNTY,
IDAHO 2004, 31203-PLT.DWG 01/29/04 CSM, HANDWRITTEN DATE: 2/2/04, STAMPED
DATE: FEB 03 2004, SHEET 1 OF 3, HAVASU CREEK, LLC -DEVELOPER, BRIGGS
ENGINEERING, INC. -CONSULTING ENGINEERS", Havasu Creek, LLC, Developer, is
Condifionally 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: March 2, 2004,
listing 22 SITE SPECIFIC CONDI'T'IONS OF APPROVAL, 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 Applicant's response letter dated March 1, 2004 to the Staff Report
is on file in the Clerk's office, and the additional requirements from the action of the Council
taken at their March 2, 2004 meeting as follows, to-wit:
1.1 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-013)
Page 2 of 4
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.
1.2 That the Applicant shall be required to add the additional note on
page 2 of the Plat with the following language:
Lots 19 - 23, Block 17 are subject to the terms of a Non-Build
Agreement, Instrument Number until City of Meridian
water service is made available to these lots.
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
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
ORDER OF CONDTI'IONAL APPROVAL OF FINAL PLAT / (FP-04-013)
Page 3 of 4
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
mQ-1'Ch , 2004.
``~~i,uuuuigy~
1,°~~~„1 Of M~dB~~%
Attest_ _ \~,O'~~~1T~0 ~
of Meridian
William G. Berg, Jr., Ck'y Clerk ~~ ,
Copy served upon Applicant, the Plrafl~i~;~s~ FZoni'1~`Pjepartment, Public Works Department,
and City Attorney. """+~ ~: <<-"•''''
By:
~~~~~
G~
'~~ O
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-013)
Page 4 of 4
MAYOR
Tammy de Weerd
CrfY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Chazles M. Rountree
f
CITY OF ~AI_
~~ ri~i,~~c
~, IllAHO
CITY HALL
(208) 888-0433 -Fax 887-4813
PUBLIC WORKS
BUILDAIG DEPARTMENT
(208) 887-221 l -Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 ~ FAX 466-4405
STAFF REPORT: Hearing Date: Mazch 2, 2004
To: Mayor & City Council
From: Sonya Allen, Planner I ~~
Bruce Freckleton, Engineering Tech III
Re: Cobre Basin Subdivision No. 3
(Preliminary Platted as Havasu Creek Subdivision)
• Request for Final Plat Approval of Cobre Basin Subdivision No. 3, Consisting
of Seventy-four (74) Single-family Residential Building Lots and One (1)
Common Lot on 23.59 Acres in an R-4 Zone by Havasu Creek, LLC (File No.
FP-04-013).
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 Cobre Basin Subdivision located approximately '/< mile west of N.
Locust Grove Road and''/z mile south of E. McMillan Road in the NE '/ of Section 31, T.4N.,
R.lE. This phase consists of 74 single-family residential building lots and 1 common
(landscape/drainage) lot on 23.59 acres of land. The gross density of Phase No. 3 is
approximately 3.14 dwelling units/acre. The net density is approximately 3.87 dwelling
units/acre.
The preliminary plat was approved under the name of Havasu Creek Subdivision. This final plat
substantially complies with the approved preliminary plat. The open space increased on Lot 19,
Block 13, decreasing the lot size of Lots 20 & 21. No building lots were lost due to this change.
The subdivision was approved as a Planned Development which allowed for reduced minimum
house sizes (1,200 s.f. min.), reduced lot sizes (6,561 s.f. min.), reduced frontages (60' min.),
and reduced building setbacks (front 20', non-front entry gazage 15', 5' side single story, 7' side
two-story) in the R-4 zone. The reduced setbacks that were requested at the time this
EXHIBIT "A" 1 OF 4
Mayor & City Council
Hearing Date: March 2, 2004
Page 2 of 4
subdivision was approved are now allowed under current city ordinance.
Staff recommends approval for Cobre Basin Subdivision No. 3 with the comments and
conditions stated in this report.
SITE SPECIFIC CONDITIONS OF APPROVAL
Applicant shall meet all terms of the approved Preliminary Plat (PP-02-019) and
Conditional Use Permit (CUP-02-028).
2. The pressurized irrigation system within this development is to be owned and
maintained by Settlers 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 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,
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.
4. Fencing shall be constructed in conformance with Meridian City Code 12-4-10.
The Landscape Plan dated 1-29-04, prepared by Harvest Design is approved as
submitted.
6. 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.
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.
8. 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
EXHIIiIT "A" 2 OF 4
Mayor & City Council
Hearing Date: March 2, 2004
Page 3 of4
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.)
9. Add distance dimensions across the north end of E.Tuweep Street at the subdivision
boundary.
10. The sum of the distances along the south boundary of the subdivision don't equal the
overall distance shown. Please make necessary corrections.
11. Remove the graphically depicted 5-foot wide easement across the west side of Lot 1,
Block 15.
12. Graphically depict 8-foot wide public utilities, drainage and irrigation easements along
the north side of Lot 2, Block 16, Lots 2&18, Block 15, and Lot 4, Block 17, and the east
side of Lot 18, Block 13, and Lot 19, Block 17. The extra width is required due to
pressurized irrigation mains.
13. 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.
14. 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.
15. One-Hundred watt (100w), 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 Departrnent prior commencing installations.
16. .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.
17. 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.
18. .Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
19. Provide sidewalks in accordance with MCC 12-13-10-8.
EXHIBIT "A" 3 OF 4
Mayor & City Council
Hearing Date: March 2, 2004
Page 4 of 4
20. Please add or revise the following plat notes:
(11.) Delete note. Standard fencing requirement.
(14.) Add note: "Buildine setbacks and dimensional standards in this subdivision shall
be in compliance with Title 11 and Title 12 of the Meridian Citv Code unless
otherwise modified by Conditional Use Permit (CUP-02-028) which allowed for
reduced setbacks. lot sizes, lot frontages, and minimum house size."
21. Correct spelling of "special" on Lots 1-8, Block 17.
22. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary
plat or conditional use permit does not relieve Applicant of responsibility for
compliance.
Staff recommends approval of the final plat, with the above stated comments and conditions.
EXHHIIT "A" 4 OF 4