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Home My WebLink AboutSTATEMENT OF COMPLIANCE V1E IDI� 11 APPROVED DAT 05/20/22 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 39 BUILDING LOTS AND 7 COMMON LOTS ON 9.52 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR SHELBURNE SOUTH NO. 2 BY: KIMLEY-HORN & ASSOCIATES APPLICANT HEARING DATE: NOVEMBER 4, 2020 ORDER APPROVAL DATE: NOVEMBER 17, 2020 CASE NO. FP-2020-0002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 4, 2020 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 SHELBURNE SOUTH SUBDIVISION NO. 2, LOCATED IN THE SW '/, OF THE SE '/4 OF SECTION 28, TOWNSHIP 3N., RANGE 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 08/18/2020, by CLINTON W. HANSEN, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 2 — FP-2020-0002 Page 1 of 3 Page 241 E IDI� 11 APPROVED DAT 05/20/22 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 November 4, 2020, a true and correct copy of which is attached hereto marked "Exhibit A" 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 2 — FP-2020-0002 Page 2 of 3 Page 242 APPROVED DAT 05/20/22 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 November 2020. Attest: C-hr's on nsdi`f% sr.ai City Clerk G 17th By: yA ri I 1 f Robert E. Simisori, Mayor, City of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. 11-17-2020 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 2 — FP-2020-0002 Page 3 of 3 Page 243 EXHIBIT A l./Vl IDI \ APPROVED BATE 05/20/22 FRB NUMBER: FPS- G22aW6 REPORT DEVELOPMENT DEPARTMENT HEARING 11/4/2020 DATE: TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: FP-2020-0002 Shelburne South No. 2 LOCATION: North side of E. Amity Rd. midway between S. Eagle Rd. and S. Cloverdale Rd., in the SE '/4 of Section 28, Township 3N., Range 1 E. I=9Zl10140 8 13*114_71WI tole Cj�fIENtN�- Final plat consisting of 39 buildable lots and 7 common lots on 9.52 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Ian Connair, Kimley-Horn & Associates — 7740 N. 16' St. #300, Phoenix, AZ 85020 B. Owner: Pinnacle Land Development, LLC — 7629 E. Pinnacle Peak Rd., Scottsdale, AZ 85255 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2019-0106) in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2, the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 Page 244 (E IDS IAN,— APPROVED able lots and common open space area have not changed. Therefore, Staff deems the proposed aATL 05/20/22 plat to be in substantial compliance with the approved preliminary plat as required. FILE NUMBER FPS-202MW6 ISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (dated: 9/5/2019) SHELBURNE SOUTH - 2019 PRELIMINARY PLAT w.aw . . II .f li SImMm — -PHJPC DSIiLiWWE FJS7 "JI A. 9MaC I. ca!¢nn¢f!ol�I � -•— — �11 I ; I� T Z�. LOLYf—{ iI.lN I li I� MERIDIAN, IDAHO 4L uY_-- P" -i=lrno��rsrts �Y iL I.I jL PRE Page 245 (E IDIAN - APPROVED DATL 05/20/22 FILE NUMBER: FPS-2o22a 6 lat (dated: 8/18/20) lPt7CLt3UKNt 3UU I I'7 SUFSUIVISIUN NU. L mr.aa LOCATED IN THE SW J OF THE SE I OF SECTION 26_ T.3N., R-1 E, B.M- �n CITY OF MERIDIAN, ADA COUNTY, IDAHO •0n 2020 �m ,WE TM E O is U%E arrtr IE N W+ t1P Uk.` qG xncl IBxIN n•Y r9I. f>.1.. N,n nw NU' wMOf H•xrrR as Aa A lf.tlf' nISM\ cY sx na a,n.• a.srs a,: IOGT m a' aysr o-nn it aF I.r( aN }a}E SSXM[ �a a1• f'a aWa' w 1,a1 ao a n a ..r art�d mart a a vYxf .II)L. ssN nor�r �r+c u+t sec very . n J.M' s1A aTltY a[ash r .-AV 1b fnTN allot au �maasr' i SURVEYNARRATNE G ��;M•b rn�'G u •weim�irrr�ai r�iea�w^ A¢Y•u rp• r.O vilk.ai s2 ro Page 3 BOOK_ , PAGE LEGEMD 0 raueuus.are•v rnrarrar esc:uon urLL rain et•sw •orr�eur —___ enu ur • rawer rvrawuartnn.r u,c __.___.__ t�•ruGwaru obw/m uar, 5u xotrn rucnc w,a•.e rw.rm Put IMMWIFWeWfH ru llif � Rn•1F W,M.n e,orttl __��___ �.Ur•kunl l�asWtMur�i--� ti NOrt01a] sT.a•im.�x,m ru niu ruarrcw exvronorrdrwo.w s+wrtxr nen u.a..n-.one xo. _,,,_ "' n tnxwraxim asnirs •wnc rx -------- orea.ansrwru.orta ..................... survn vs we o n•nuftervrt s,evn•aimrartr u•e ua..m taudua nwutt era NOTES - unw.r."A n�i.wtt�ie MO1tD! MAY,lYrt 6IOilIf4ls++ ra�i,Y�•ca�oirt�iaare�iaGcr�w�pi•.r�ati...en Aw�w.tli ��a, ervac�rk nsA h�[p h ��M�kM4liran xiR�rel.T�•i�a�lYM1Y1fY M6va�r u�ilas�i� � w, • rK wrur•r. am n+or.axuarr _ ,wrw...�r..w..��s �..rwrr�.ar�emrrmrnr�aa�ewaie.erG Cana.t.v.a�nxi.an�.•rm�wc�c^...�ca a.uiw..5ycx�anrocrrra.x,ry �r arV rstic'N°�rc�..a•msac�ri°•°'�1WO"x•era•ariwcau.aMim'�irdx�.w'�PG'nc.uc � _ r.v,a+m rwnnce mt.rww wu�.uioiw��era...smo warty �cr.� n�rnswr.cmkcm�.r.rrrc rwwzan.,rc x.M.:...ac� mxd°�.c..aw �'°�Ooraam"`rr"n•°�d' wlr ws`:i n��c�ia.. asair�m.�.c� nn .°Frimo�rr� arma�n•�a,rn ry..r.�(arn emu••. -- �"'"u°�are�... r..e. •rrcc ter« I E Tr h6 ieei • 4�o►ir_ _� uc. u.0 Rkb srra.t'[ v� w. rir' V1rT1 Umii6lutlorm ua x,� xsa xe ii4c4 a5lde Land Surveytrg and Consulting 1Yi k !iw at , etl .' wrrr.rt nneen,4a �a SHEET 1 OF 3 Page 246 E IDI( 11 APPROVED DAT 05/20/22 : j %Ud BLR'FPS-zoza000s e Plan (dated: 9/2/2020) LANDSCAPE ItlPR,OVEHENT PLANS SHELBURNE SOUTH - PHASE 2 SUBDIVISION � I - -- _ .-{ 41 "kiit + ; i j �•, yip --_ a -a' �'. T om Page 247 APPROVED DA E' 05/20/22 : j %U61BLR'FPS -zoza000s I � - j ; it � -i • I ;I ! *+ 1 '-'�• ICimminy*Hom t ■■■; Page 5 1■ 1■ 1■ 1■ ■ 7 ■ ■ ■ ■ Iomle�a►Hom Page 248 APPROVED DAT 05/20/22 :lJ%U61BLR'Fps-z D'0o6 i t ' j = I I T. fff Page 249 APPROVED � �a:e oeizoiz2 SCE `IU6IBER'FPs-zazz-aoas _ __ __ . ____-____._.— ____-I —_...__.___._ ..._I l I_ 4' la _ ,�; � „� .. . -- ...-...-,,,„-s ., .... _ _.. .. --- �.raercrrl rl-au, ,ti.:� I..� � �. �-- I 6 .�� . T I••-•—�IR1��0171 I �.. _ y : �� — e � r- - � _! ! Ga �u. __ II fl f. , [ ._ err I c ` '�� I :I - y_i nr� �rc � � I n - - - 1 U. �-L---11 LL LL l� �LI -LL ' - I - LL: L f i • i 1 � 71=�=— - - -- - -.__ . Page 7 Page 250 AHO C`i�i mDm, APPROVED ommon Driveway Exhibit DATE,- 05/20/22 FU NUMBER: FPs-zozzaaas p O 1 BUILDING SETBACK LINE (TYP) I ui HOME I — -- ORIENTATION . a': •�•l�! spy .. �:4 ,�`:.� 1 � 11 1 III � I I I I I III tt 11 1 I HOME 1 1 I f HOME i t I} HOME ORIENTATION IONIENTA-HUNl iORIENTATIONI I f HOME I 7 I I I 8 III I I I ORlt74TATI or,l 1 I III III 9 I I 10 10.00' 1 1 5.00' I 5,Oa' 1 1 II 0v 00' 5,OO' _ I I 5.00' _I I III III III III- ll1 I I Ig I I I$ I11 III III I I 1 ------------- -------------- Kimleyofflorn 11 10 '--':::ALE IN FEET 20 4C 80 Page 251 1DpIANAHO APPROVED DAM 05/20/22 FU NUMBER: FPs-2o22a daho Power relinquishes the easement (Inst. #95026060) on the west side of Lot 7, Block 6, following setback exhibit shall be applicable: 4 BUILDING 5ETBACF LINE (fYP) I �n HONE II I — -- ORIENTAIILO �t 0 ----- I N I I I III � III � �`,::.- •• I I I I I I I l I I g l I f HOME t I 1 t HONE III I HGIoE I I I I I IORIENTA-nON IORIENTATIONI IORIENTATK,,r,I I I I I I I I I KIVE 4 I I 7 III 8 III 9 III _ RI P-4 T.:TP_', I T 'j I I III III I I. jl� ------------------- o I I I I I I I I � III III ilj _ III I I -------------- ----------- GRAPHIC SCALE IN FEET 4 21D 40 BO KimleyoHorn Page 9 Page 252 APPROVED /AGENCY COMMENTS & CONDITIONS DAT 05/20/22 [pecific anning Division S CE%U61BLR'FPS -zo 2a 1 Conditions: 1. Applicant shall meet all terms of the ((approved annexation (Development Agreement - Inst. pp #2020-138124) and DU1vEi in MY aKNOWLEDGE applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension, in accord with UDC 11-613-7. CURRENTLY DOE NOT APPLY 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. SEE PLAT 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 8/18/2020, included in Section V.B shall be revised as follows: a. Note #10: Include the recorded instrument number of the Development Agreement (#2020- 138124). SEE PLAT b. Note #12:icth�ecorded instrument number of the ACHD License Agreement. c. Note #13: Include the recorded instrument number of the CC&R's. d. Note #15: "... as required by City of Meridian UDC 11-6C-3D.-78..." e. Include the recorded Book and Page number for Shelburne South Subdivision No. 1 graphically depicted on Sheet 1. WILL COMPLY PRIOR TO RECORDING f. Include the recorded instrument number of the existing City of Meridian sanitary sewer easement in the Legend on Sheet 1. g. If the existing Idaho Power easement (Inst. 95026060) depicted on the west side of Lot 7, Block 6 is relinquished prior to the City Engineer's signature on the final plat, remove the note from the plat and submit a copy of the relinquishment letter. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Kimley-Horn, dated 09/2/2020, included in Section V.C, shall be revised as follows: a. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-313-1OC.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements. b. If the unimproved right-of-way of E. Amity Rd. is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3B-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. c. Depict 5-foot wide landscape strips on each side of the multi -use pathway that comply with the standards listed in UDC 1 1-313-12C. A mix of trees, shrubs, lawn and/or other vegetative groundcover is required. 6. Construction of the common driveway on Lot 6, Block 6 shall comply with the standards listed in UDC 11-6C-3D and with the exhibit in Section V.D. Page 253 Nl IDIAN APPROVED rovide address signage at the entrance to the common driveway on Lot 6, Block 6 at the public oar: o5/2o/22 reet for homes accessed by the common driveway for emergency wayfinding purposes; and sign FNE9u+BERF'S-zozz a common driveway with "No Parking —Fire Lane" signs asset forth in IFC D103.6 Signs. 'The ' iJ ptaJ1kX4e�re l ng construction. 9. 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 mailboxesSiTtkct_�IMITilan Postmaster, Sue Prescott, at 887-1620 for more information. 10. All fencin s$ Ii XXq j�H W !kWtkr bo`f�iAT�C 11-3A-7C. 11. An 8-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s) by the City Engineer for the multi -use pathway along the southwest side of the Nine Mile Creek from the east to the northwest (along the creek to the north boundary and along the access road to the west boundary) perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder Canal on the subject property. DONE SEE PLAT 12. 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. UNDERSTOOD B. Public Works Site Specific Conditions: 1. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. DONE WITH PLAN APPROVAL 2. Due to the fact that the property to the west is not a phase of this project, the sewer clean -out located at the western boundary of project needs to be a manhole. DONE WITH PLAN APPROVAL 3. Eliminate orDtl n"g*biq pq,gipqizplMVAe vice crossing infiltration trenches. 4. There is at least one dead sanitary sewer mainline end -run that doesn't have the required 0.6% minimum slope, please revise. DONE WITH PLAN APPROVAL General Conditions: 5. 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. DONE WITH PLAN APPROVAL 6. Water service to this site is available via extension of existing mains ddadjacent tohhthe development. The applicant shall be responsible to install watej)? tq and PLA this &VX�ment, coordinate main size and routing with Public Works. WITH 7. 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. SURETY 2021-0030 8. 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. WILL COMPLY Page 11 Page 254 APPROVED If etter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, oar: o5120122 dscaping, amenities, pressurized irrigation, prior to signature on the final plat. FN,ENIA0 SURETY 2021h0030 FPS- G22-0 e City of Meridian requires that the owner post with the City a performance surety in the amount 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 S f i�V 2XlefW00ntact Land Development Service for more information at 887-2211. 11. 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. SURETY 2021-0030 12. 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.UNDERSTOOD 13. 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. DONE WITH PLAN APPROVAL o� 14. It shall be the responsibility of the applicant to ensure that all WILL COMPLY comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. DONE WITH PLAN APPROVAL 16. Developer shall coordinate mailbox locations with the Meridian Post OfficeEXHIBIT 9 17. All grading of the site shDONEerWITH PLAN APPROVAL CC 11-1-4B. 18. Compaction test results shall be submitted to the Meridian Building Depart/nt for all building pads receiving engineered backfill, where footing would sit atop fill material. A 19. 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. SUBMITTED WITH FINAL PLAT 20. 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 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. WILL COMPLY 21. 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. WILL COMPLY 22. 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 DONE WITH PLAN APPROVAL Page 255 APPROVED let for approval, which must include the location of any existing street lights. The contractor's DAT 05/20/22 ork and materials shall conform to the ISPWC and the City of Meridian Supplemental J %UtIa_e FPS2022 os pecifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator it 898-5500 for information on the locations of existing street lighting. 23. 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 I F 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 nnb&VWekr5ywed, and approved prior to signature of the final plat by the City Engineer. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. DONE WITH PLAN APPROVAL 25. 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. 26. 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. 27. 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. DONE WITH PLAN APPROVAL 28. 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. DONE WITH PLAN APPROVAL Page 13 Page 256