HomeMy WebLinkAboutPrevail Subdivision No. 3 FP-2021-0044 Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 14, 2021
ORDER APPROVAL DATE: SEPTEMBER 28, 2021
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 18 BUILDING ) CASE NO. FP-2021-0044
LOTS AND 2 COMMON LOTS ON )
5.25 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL
ZONING DISTRICT FOR PREVAIL ) APPROVAL OF FINAL PLAT
SUBDIVISION NO. 3. )
BY: Triple D Development, Inc. )
APPLICANT )
This matter coming before the City Council on September 14, 2021 for final plat
approval pursuant to Unified Development Code (UDC) 11-613-3 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 PREVAIL SUBDIVISION NO. 3,
LOCATED IN THE PORTION OF GOVERNMENT LOT 1 OF SECTION 31,
TOWNSHIP 3N, RANGE, IE, BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, 2021, HANDWRITTEN DATE: AUGUST 4, 2021, by
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Prevail Subdivision No. 3 (Prevail North—FILE#FP-2021-0044)
Page 1 of 3
Gregory G. Carter, PLS, SHEET 1 OF 3," is conditionally approved 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 September 14, 2021, 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, Applicant
Representative, 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Prevail Subdivision No. 3 (Prevail North—FILE#FP-2021-0044)
Page 2 of 3
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be 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 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 28th day of
September , 2021.
By:
Robert E. Simison 9-28-2021
Mayor, City of Meridian
Attest:
Chris Johnson 9-28-2021
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 9-28-2021
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Prevail Subdivision No. 3 (Prevail North—FILE#FP-2021-0044)
Page 3 of 3
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT !A H O
DATE: 9/14/2021 y
Legend
TO: City Council ElProject Location
FROM: Joseph Dodson,Associate Planner --------
208-884-5533
T�
SUBJECT: FP-2021-0044
Prevail No. 3 Subdivision Final Plat i
PROPERTY LOCATION:
The site is located approximately '/4 mile
south of E. Amity Road, East of S. -----,
Meridian Road, in the NW '/4 of the NW '
'/4 of Section 31, Township 3N.,Range
1 E.
1
1. PROJECT DESCRIPTION
A final plat consisting of 18 single family residential lots and 2 common lots on 5.25 acres
of land in the R-8 zoning district,by Schultz Development. This is the final plat for the
Prevail North preliminary plat(H-2021-0021);Ada County is requiring it be final platted
as the third phase of the Prevail Subdivision ft.a. Percy Subdivision).
II. APPLICANT INFORMATION
A. Applicant:
Schultz Development LLC
B. Owner:
Triple D Development, Inc. —PO Box 2670, Eagle, ID 83616
C. Representative:
Matt Schultz, Schultz Development LLC—PO Box 1115, Meridian, ID 83680
III. STAFF ANALYSIS
The proposed final plat consists of 18 building lots and 2 common lots in the R-8 zoning
district. The submitted final plat matches the preliminary plat approved by City Council in lot
number, lot size, and open space.
The Applicant has also received Alternative Compliance approval (A-2021-0174) to reduce
the required landscape buffer common lot along Meridian Road/SH 69, per the preliminary
Page 1
Item#8.
plat conditions; the overall landscape buffer is at least 50' wide exceeding UDC
requirements.
Because the number of building lots and the amount of common open space is the same as in
the approved preliminary plat, staff finds the proposed final plat to be in substantial
compliance with the approved preliminary plat as required by UDC 11-6B-3 C.2.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in
Section VI of this report.
Page 2
Page 159
V. EXHIBITS
A. Preliminary Plat(dated: May 7, 202 1)
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Item#8.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. The applicant shall comply with all applicable conditions of approval associated with this site: H-
2021-0021 (Prevail North Subdivision); and DA Inst. #2021-126848.
2. The applicant has until two years following City Council approval of the preliminary plat(July 6,
2021)to obtain City Engineer signature on this final plat, or apply for a time extension in accord
with UDC 11-613-7.
3. The final plat prepared by Idaho Survey Group,LLC, dated 8/04/2021, shall be revised as
follows:
• Add a plat note stating: "Subdivision is subject to a City of Meridian Development
Agreement recorded as Instrument No. 2021-126848."
• Label the irrigation district easement for the rerouted lateral along the north property
boundary.
4. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, at(208) 887-1620 for more information.
5. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not
relieve the applicant of responsibility for compliance.
6. The applicant shall construct single family detached dwellings in accord with the recorded
development agreement.
7. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public
access easement for the multi-use pathway segment along Meridian Road to the Planning
Division for approval by City Council and subsequent recordation. The easement shall be a
minimum of 14' in width(10' pathway and 2' shoulder on each side).
8. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
B. Public Works Division
SITE SPECIFIC CONDITIONS:
1. Sewer services must tie into the sewer main at 90 degrees, or come out of a manhole. The sewer
service for Lot 33,Block 1 currently does not meet this requirement.
2. No permanent structure including but not limited to trees,bushes,fences,streetlights,and buildings
shall be allowed in a City utility easement. Currently there are trees and shrubs shown within the
water easement area.
GENERAL CONDITIONS:
1. 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.
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Page 164
Item#8.
2. 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 development,
coordinate main size and routing with Public Works.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-413.
14. 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.
15. 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.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
Page 8
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Item#8.
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 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.
17. 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.
18. 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.
19. 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.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in
the development, and if so, how they will continue to be used, or provide record of their
abandonment.
22. 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.
23. 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.
24. 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.
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Page 166
Item#8.
Joseph Dodson
From: Matt Schultz <schultzdevelopment@yahoo.com>
Sent: Thursday, September 2, 2021 7:49 PM
To: Adrienne Weatherly; Bill Nary; Charlene Way; Chris Johnson; Kurt Starman; Ted Baird;Joseph Dodson
Cc: Bill Parsons
Subject: Re: Prevail No. 3 Final Plat
External Sender-Please use caution with links or attachments.
thank you Joseph...looks good
Matt Schultz
Schultz Development LLC
(208) 880-1695
On Thursday, September 2, 2021, 04:58:08 PM MDT, Joseph Dodson <jdodson@meridiancity.org>wrote:
Hello,
Attached is the staff report for the final plat for Prevail No 3. (Prevail North). This item is scheduled to be on the consent
agenda at the City Council work session on September 14, 2021. The meeting will be held at City Hall, 33 E. Broadway
Avenue, beginning at 4:30 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(d)-me rid iancity.org) and me
as soon as possible. IF you are not in agreement with the staff report, the item will be placed on the regular meeting
agenda at a subsequent meeting for discussion.
Thank you,
Joseph Dodson I Current Associate Planner
City of Meridian I Community Development
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.884.5533 1
1 Page 167
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