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HomeMy WebLinkAboutZ - Signed Order ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WARRICK SUB 1 – FP H-2019-0046 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 4/16/2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 42 BUILDING LOTS AND 8 COMMON LOTS ON 12.51 ACRES OF LAND IN THE R-4 AND R-8 ZONING DISTRICTS FOR WARRICK SUBDIVISION NO. 1 BY: SCHULTZ DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0046 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 16, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING WARRICK SUBDIVISION NO. 1, LOCATED IN THE NW ¼ OF THE NE ¼ OF SECTION 32, T.3N., R.1E., B.M., ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 3/11/2019, by GREGORY G. CARTER, PLS, SHEET 1 OF 5,” is conditionally approved Meridian City Council Meeting Agenda April 23, 2019 – Page 175 of 699 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WARRICK SUB 1 – FP H-2019-0046 Page 2 of 3 subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 16, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Matt Schultz, Schultz Development, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 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: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued 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 may be filed. Meridian City Council Meeting Agenda April 23, 2019 – Page 176 of 699 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 may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 3 day of ,2019. -Qoq'P,SED AUGUSJ� Attest: _�° CU01Y0r w E IDIAN�-- IOAHO C o o �P. Interim Ci Jerk 2TFR��., �nsvj By: Tammy de ee d Mayor, Cit Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4 A3 ' 901 / ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WARRICK SUB 1 — FP H-2019-0046 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 4/16/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0046 Warrick Subdivision No. 1 LOCATION: 2445 E. Amity Rd. in the NE ¼ of Section 32, T.3N., R.1E. I. PROJECT DESCRIPTION Final Plat consisting of 42 building lots and 8 common lots on 12.51 acres of land in the R-4 and R-8 zoning districts for the first phase of Warrick Subdivision No. 1. II. APPLICANT INFORMATION A. Applicant: Schultz Development – PO Box 1115, Meridian, ID 83680 B. Owner: Paul Warrick – 2445 E. Amity Rd., Meridian, ID 83642 C. Representative: Matt Schultz, Schultz Development – PO Box 1115, Meridian, ID 83680 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat depicts the same number of building lots and qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. The following amenities are proposed in this phase: pedestrian pathways throughout the common area, a segment of the City’s 10-foot wide multi-use pathway system along the Ten Mile Creek, a STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 23, 2019 – Page 178 of 699 Page 2 swimming pool with raised deck cabanas, a clubhouse, seating area with two (2) benches, children’s play equipment and additional qualified open space above the minimum requirements. All development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district and UDC Table 11-2A-6 for the R-8 zoning district. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 1/14/2019) Meridian City Council Meeting Agenda April 23, 2019 – Page 179 of 699 Page 3 B. Final Plat (date: 3/11/2019) Meridian City Council Meeting Agenda April 23, 2019 – Page 180 of 699 Page 4 C. Landscape Plan (dated: 3/8/19) & Amenity Detail Meridian City Council Meeting Agenda April 23, 2019 – Page 181 of 699 Page 5 Meridian City Council Meeting Agenda April 23, 2019 – Page 182 of 699 Page 6 Meridian City Council Meeting Agenda April 23, 2019 – Page 183 of 699 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0015, Development Agreement #2019-019693). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council approval of the preliminary plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group stamped on 3/11/2019 by Gregory G. Carter, shall be revised as follows: a. Note #6: “Lot 1, Block 3” is not correct as there is no Lot 3; revise accordingly. b. Note #10: “The rear lot lines of Lots 11-5, Block 5 and Lots 1-2, Block 6 shall be subject to a fifteen ten (15 10) foot wide operation and maintenance easement for the Beasley Lateral in favor of the Nampa-Meridian Irrigation District.” The Applicant states that a 10-foot wide easement is sufficient for this facility. 5. The landscape plan prepared by Breckon Land Design, dated 3/8/19, is approved as submitted. 6. Submit a copy of the final street name review letter from Ada County. Meridian City Council Meeting Agenda April 23, 2019 – Page 184 of 699 Page 8 7. The rear and/or sides of 2-story homes on Lot 2, Block 1 and Lots 2-3, Block 2 that are visible from the arterial street (i.e. E. Amity Rd.) are required to incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step- backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement 8. The Developer is allowed one (1) building permit for construction of the clubhouse prior to recordation of the plat as set forth in the Development Agreement (Inst. #2019-019693). 9. The Ten Mile Creek shall be protected during development. 10. Future development shall be consistent with the conceptual building elevations included in the Development Agreement (Inst. #2019-019693). 11. The Developer shall replace the existing culvert on E. Amity Rd. and the culvert downstream to reduce the floodplain to the banks of the Ten Mile Creek as requested by Mr. and Mrs. Stark and agreed upon by the Applicant with development of this site as set forth in the Development Agreement (Inst. #2019-019693). 12. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek prior to City Engineer signature on the final plat; coordinate the details of the easement with Kim Warren, Park’s Department. 13. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to application for building permits for the clubhouse and swimming pool. 14. Subdivision identification signs require a separate permit. 15. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Revise streetlight plan to include Type 1 streetlights every 200' on Amity Road. Davit poles may be used to avoid conflict with overhead power lines. 2. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this Meridian City Council Meeting Agenda April 23, 2019 – Page 185 of 699 Page 9 development, coordinate main size and routing with Public Works. 5. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 7. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 8. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 17. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Meridian City Council Meeting Agenda April 23, 2019 – Page 186 of 699 Page 10 in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 21. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 24. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 25. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda April 23, 2019 – Page 187 of 699 From:Matthew Schultz To:C.Jay Coles; Charlene Way; Chris Johnson; Sonya Allen Cc:Bill Parsons; Bruce Freckleton Subject:Re: Warrick Sub. 1 - FP H-2019-0046 Staff Report for April 16th Council Mtg Date:Wednesday, April 10, 2019 3:23:40 PM Attachments:image006.png looks good, thank you! Matt Schultz Schultz Development LLC (208) 880-1695 On Wednesday, April 10, 2019, 12:19:41 PM MDT, Sonya Allen <sallen@meridiancity.org> wrote: Attached is the staff report for the proposed final plat for Warrick Sub. 1. This item is scheduled to be on the City Council agenda on April 16th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Matt - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living EXHIBIT B Meridian City Council Meeting Agenda April 23, 2019 – Page 188 of 699 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda April 23, 2019 – Page 189 of 699