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HomeMy WebLinkAboutAvani Subdivision No. 1 FP-2024-0013 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 09/10/2024 ORDER APPROVAL DATE: 09/24/2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 67 BUILDING ) CASE NO. FP-2024-0013 LOTS AND 4 COMMON LOTS ON ) 11.88 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL 15 ZONING DISTRICT FOR AVANI ) APPROVAL OF FINAL PLAT SUBIDIVISON NO. 1. ) BY: LAREN BAILEY ) APPLICANT ) This matter coming before the City Council on September 10, 2024 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 AVANI SUBDIVISION NO. 1, LOCATED IN THE SW 1/4 OF the NW 1/4 SECTION 15, TOWNSHIP T.3N, RANGE R.I W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 06/12/2024,by JEFF BEAGLEY, PLS, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page I of 15 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 10, 2024, 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(Avani Subdivision No. 1 —FP-2024-0013) Page 2 of 15 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 24t day of e to er , 2024. By: Luke Cavener, Council President 9-24-2024 Attest: Chris Johnson 9-24-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. 9-24-2024 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 3 of 15 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 09/10/2024 Legend DATE: aProject Location TO: Mayor&City Council i FROM: Nick Napoli,Associate Planner ' 208-884-5533 ----- �� SUBJECT: Avani No. 1 FP-2024-0013 LOCATION: Southeast of Franklin Road and Black = Cat,North of I-84, in the SW %4 of the ) ------------- ---- NW '/4 of Section 15,T.3N., R.1W. (Parcel#S1215233650) a a I. PROJECT DESCRIPTION Final Plat consisting of 67 single family building lots and four(4) common lots on 11.88 acres of land in the R-15 zoning district for the first phase of Avani Subdivision. II. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise,ID 83706 B. Owner: C4 Land LLC—4824 W.Fairview Avenue, Boise,ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2023-0031)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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 4 of 15 amount of common area cannot decrease. Since there is no change to the number of buildable lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 10/18/23) WVANI UB PLAT FOR ------- AVANT SUBDIVISION - Z. I�I�I�� _ ----------------- PPI.a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 5 of 15 B. Final Plat(dated: 06/12/24) AVANr SUBDIVISION NO.I B"—PAS. LOCATED IN THE SWIM OF THE NWIli OFSECTICA a rxu„ T.3 M,R.I W.,B.ft,=OF ME21D W ADA COWN 2ffi9 iI p �_wc 8 j 5�'xhve ✓J%, mo�rr.a.,v.,o.:,.r.ram,. pp p5 ��x &� nil;,f�{ ,r p': a' �:,+R• Ei aR ' 3 {. YR Flkj9 '.�i-i -I• �=_-I II ".r' @ -.orrr rcr.• "a— B n�o-� s.,.:•i .i sue.. � ��.. a..�,,,,..�!.A ,g.�� ,r b r^ '�i, is it°� n. ;I __:a "i�i �`i �' r'i+ - ^•�,w..J ! '"°'� �; �u �. .i- �I ,: .: L'.... •"t __fir_�Ig--n — ' � � :-- ;r'�`�q �•�""" __._ ry _xa.,uv .-- ��x..—. rs.nv raesu»r_,«<. ..,-.r�,.� ...—_—._ `a Pan �-�=_."—�a�v,-,s„��,�,_ M-�rw�A .--.-�__—____—__—_-______—________�__ __�• nxorern..�.Te r�i 20A75 KCYT, QdW 7 EPIIIETT Ip VE �i517 [zt�r i��ro-r r ,. ,�r�aasl35e-arcs • .. .,._.,�..,.... .�v.,... _., =.:.,w,.».-=—. W15M'.SIWfOQ1W CCQM ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 6 of 15 I, -'i ME .. milli MIN _ _I _ �IIIIIIIIIr *ER Saido .�i�µ' - { �•Y li'.. �IIII r _ram l - ac _ ;rc -� ,� AL•,r4lilll� � I .:■�'i1�4liLvi>�rial4SDEtr�b -� - � II'�f1�h711lJllllll - - ' F----__._. - KEY MAP d J t FLM .I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 8 of 15 PLANT 5CA4WULt M IWIL WVA.Y Mef =6 SAW? NEI-— LA%WEw-W—AM CALCM-ATION.5 FLM U ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. I —FP-2024-0013) Page 9 of 15 Avani Playground IORICIUS M netsTOP VIEW a � ireraa� ereessauWs 7nets!,- P* GENERAL NOTES: Ways slide Wall wr Teleswpa 24' Rrse ' ,„ Flails Tn ter Spiral SYtlt 72- 72' 48' Bedradc 1 GmCer Ribbed J 12'RPM Pyrerq,d Slav Roos Flrepaa Verlicol 36' -Mdet Ribbed L J PyrrarmiJ ROOT Quarter TILM Slift Transfer St8UOr1 STRUCTURE# 11352626Sn PROTECT*: 1-OR212213OS PLnYCRAI1 RLP. UAI L:IV 191L9L2 I DRAWN U:AlyE6a MIN-USL LONE 35'x33' LudryUvg Rec tiun VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(H-2023-0049 AZ,PP,Development Agreement-Inst. #2024-034385)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the date of approval of the preliminary plat(i.e. by April 2, 2026), in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgment signed and notarized. 4. The final plat prepared by Sawtooth Land Surveying, dated: 06/12/2024, included in Section V.B shall be revised as follows: a. Note#6: Include the recorded instrument number for the ACHD license agreement. b. Note#9: Include the recorded instrument number of the Development Agreement. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 10 of 15 c. Note#14: Include the recorded instrument number of the ACHD sidewalk easement. d. Note#15: Include the recorded instrument number of the City of Meridian Sanitary Sewer Easement. e. Note#15: Include the recorded instrument number of the City of Meridian Water Easement. f. Note#16: Include lots 2-6,Block 4 in the common driveway note.Additionally, include a provision that Lot 8,Block 3 and Lot 8,Block 4 are private alleys to be owned by the HOA. g. Replace"W.Villagio"with"W. Grand Mogul Drive"on the note regarding right of way. h. Replace the street name for"W. Minaret Street"with"W. Donahue Street in accordance with the Ada County Street Name Review. i. Replace the street name for"S. Sage Flat Avenue"with"S. Moshova Avenue"in accordance with the Ada County Street Name Review. A copy of the revised plat shall be submitted prior to City Engineer signature. 5. The landscape plan prepared by Jensen Belts, dated 06/17/2024, included in Section V.C, shall be revised as follows: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accordance with the standard listed in UDC 11-3B-1OC.5. b. Depict a 25-foot wide landscape buffer and landscaping along Black Cat Road in accordance with the updated standards listed in UDC 11-3B-7C. Lawns and other grasses shall not comprise of more than sixty-five (65)percent of vegetated coverage in the buffer. A copy of the revised landscape plan shall be submitted prior to City Engineer signature. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. A Certificate of Zoning Compliance and a Design Review application shall be submitted to construct the pool and changing facility;parking shall be provided in accordance with the standards in UDC 11-3C-6 or apply for Alternative Compliance in accordance with UDC 11-513- 5. 8. A Design Review application shall be submitted for all single-family attached structures; one application can be submitted for the overall development if desired. 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 mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 or Matthew.W.Petersonkusps.go for more information. 10. The rear and/or sides of homes visible from S. Black Cat Road(Lots 17-43,Block 1)and the new collector road Vanguard Way(Lots 1-15,Block 1; Lots 2-14,Block 2) shall 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 11 of 15 integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 11. Provide a common drive exhibit to the Planning Division prior to City Engineer's signature on the final 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. B. Public Works Department Wastewater • Distance to Sewer Sewer Available at Site Services • Sewer Shed • Estimated Project See application Sewer ERU's • WRRF Declining Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/concerns • • See Public Works Site Specific Conditions Water • Distance to Water Water Available at Site Services • Pressure Zone • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Concerns Water main in Grand Mogul Dr has not been constructed yet. It must be constructed and connected to as a condition of approval for this phase. No further phases will be approved until a second connection is CONSTRUCTED. Option 1: Provide a second connection in zone 2 from either the north or the east Option 2:A second connection to Black Cat Rd. However,this requires a connection from Franklin road through parcel S1216120735 to parcel S1216131200. Additionally,the main in Black Cat Rd along the western boundary must be connected to the rest of the water system in two different places. In other words the development cannot have two ties to Black Cat Rd if that run of main is a dead end. SITE SPECIFIC CONDITIONS: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 12 of 15 1. Water main in Grand Mogul Dr has not been constructed yet. It must be constructed and connected to as a condition of approval for this Phase. 2. A Streetlight plan will be required for the development of this property and will be addressed under the LD Permit. 3. Ensure no sewer services pass through infiltration trenches. 4. Provide 20'Easements for mains,hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and 10' beyond it. Water requires a 20' easement with main centered in the middle. Sewer and water in parallel require a 30'easement with 10' separation between mains and edge of pavement and 10'separation between mains. 5. Water Meters must be 5' from Fence. 6. Infiltration trenches cannot be within a Utility Easement. Ensure no sewer services pass through infiltration trenches. 7. No permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches, light poles,etc.)to be built within the utility easement. 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. 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 11-313-14A. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 13 of 15 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 11-1-4B. 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 14 of 15 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 I I" 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(UDC 11-313-6.). 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Avani Subdivision No. 1 —FP-2024-0013) Page 15 of 15