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Solterra Subdivision No. 2 FP-15-006BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 51 SINGLE- ) FAMILY RESIDENTIAL LOTS ) AND 6 COMMON LOTS ON 5.34 ) ACRES OF LAND IN THE R-15 ) ZONING DISTRICT FOR ) SOLTERRA SUBDIVISION NO.2 ) BY: C-15, LLC ) APPLICANT ) HEARING DATE: MARCH 17, 2015 CASE NO. FP -15-006 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 17, 2015 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 SOLTERRA SUBDIVISION NO. 2, LOCATED IN THE SE 1/4 OF SECTION 05, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 02/16/15, CARL PORTER, PLS, SHEET 1 OF 3," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning and the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLTERRA SUBDIVISION NO.2 (FP -15-006) Page 1 of 3 Development Services Divisions of the Community Development Department, dated March 17, 2015, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Jim Conger, 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. 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 SOLTERRA SUBDIVISION NO.2 (FP -15-006) Page 2 of 3 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 2q day of Attest: Jaycee 1 City Clerk Copy served upon Attorney. 2015. 14 � Fsal f if' N;` nir.ou Y SEAL Planning Division, Public Works Department, and City Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLTERRA SUBDIVISION NO. 2 (FP -15-006) Page 3 of 3 - Tammy de rd Mayor, C of Meridian SEAL Planning Division, Public Works Department, and City Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLTERRA SUBDIVISION NO. 2 (FP -15-006) Page 3 of 3 STAFF REPORT MEETING DATE: TO: FROM: EXHIBIT A March 17, 2015 Mayor and City Council Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -15-006 — Solterra Subdivision No. 2 I. APPLICATION SUMMARY E IDIAN*-- IRAHO The applicant, C-15, LLC, has applied for final plat (FP) approval of fifty-one (51) single family residential lots and six (6) common lots on 5.34 acres of land in the R-15 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Solterra Subdivision No. 2 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number FP -15-006 as presented in the staff report for the hearing date of March 17, 2015, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -15-006, as presented during the hearing on March 17, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -15-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the northeast corner of E. Fairview Avenue and N. Hickory Way in the SE'/4 of Section 05, Township 3 North, Range 1 East. (Parcel #S 110543 84 10) B. Applicant(s): C15, LLC 1627 S. Orchard Street, Suite #24 Boise, ID 83705 C. Representative: Jim Conger Conger Management Group 1627 S. Orchard Street, Suite #24 Boise, ID 83705 Solterra Subdivision No. 2 - FP -15-006 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat depicts fifty-one (5 1) single family residential lots and six (6) common lots on 5.34 acres of land in an R-15 zoning district. The average lot size is 3,476 square feet. The gross density of the development is 9.55 dwelling units per acre with a net density of 12.53 dwelling units per acre. Qualifying open space proposed for this phase consists of several 10 -foot wide parkways adjacent to E. Clarence Drive and E. Apricot Drive (Lot 19, Block 3 & Lots 10 and 19, Block 4). Overall common open space with this phase is 0.15 acres or 2.81%. The proposed open space is consistent with the amount approved with the preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -13-037). Because the number of buildable lots and common areas are the same, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3 C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved comprehensive plan map amendment, rezone, preliminary plat (CPAM- 13 -002, RZ-13-015 and PP -13-037) and recorded development agreements (Instrument No. 114011562) for this subdivision. 2. The final plat prepared by Sawtooth Land Surveying, stamped on February 16, 2015 by Carl Porter, shall be revised as follows: a. Add a note on the plat the states Lot 28, Block 1 is for the benefit of Lots 24-27, Block 1 for the purpose of ingress/egress and must be widened for 15 -feet to 20 -feet. The common driveway shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. The note must also state who is responsible for the maintenance of the driveway. b. Graphically depict a 12 -foot wide Permanent Public Utilities, Drainage, and Irrigation easement along the north, south and east subdivision boundary. c. Graphically depict which lots in Block lwill have 0 -foot wide Permanent Public Utilities, Drainage, and Irrigation easements on their common lines, and then delineate a minimum 3 - foot wide Permanent Public Utilities, Drainage, and Irrigation easement on all others. d. Graphically depict a minimum 3 -foot wide Permanent Public Utilities, Drainage, and Irrigation easement along the side lot lines of all lots in Blocks 2, 3 and 4. 3. The landscape plan, prepared by Jensen Belts Associates, dated 02/19/15 shall be revised as follows: a. Common lot 29, block 1 shall be landscaped in accord with UDC 11-313-8C. Required landscape areas shall be at least 70% covered with vegetation at maturity in accord with UDC 11 -3B -5N. b. Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. Include the tree mitigation plan on the revised plan. c. All fencing abutting common lots 29 and 39, block 1, lot 19, block 3 and lots 10 and 19, block 4 and shall be installed in accordance with UDC 11-3A-7. Provide two (2) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. Solterra Subdivision No. 2 - FP -15-006 PAGE 2 EXHIBIT A 4. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 5. The applicant shall obtain the City Engineer's signature on a final plat within two years of City Council approval of the preliminary plat (by September 4, 2016), in accord with UDC 11-613-7. 6. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 7. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 8. A street light plan shall be submitted and approved with the construction drawings. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciiy.org/public works.aspx?id=272 9. Future homes constructed within the subdivision must comply with the submitted elevations approved with the recorded development agreement. Prior to applying for a building permit for the single family attached homes, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design Review application. 10. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC. 11. 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, Sue Prescott, at 887-1620 for more information. VII. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. VIII. PROCESS CONDITIONS OF APPROVAL 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. Solterra Subdivision No. 2 - FP -15-006 PAGE 3 EXHIBIT A 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 4. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. GENERAL REQUIREMENTS 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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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. 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. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 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. Solterra Subdivision No. 2 - FP -15-006 PAGE 4 EXHIBIT A 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 11-12-3H. 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. 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 development plan approval. 19. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 20. 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 Engineering Department at (208)898-5500 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 Contact Robert B. Whitney at (208)334-2190. 21. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 22. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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. Solterra Subdivision No. 2 - FP -15-006 PAGE 5 EXHIBIT A X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (PP -13-037) C. Proposed Final Plat (dated: 02/16/15) D. Proposed Landscape Plan (dated: 02/19/15) Solterra Subdivision No. 2 - FP -15-006 PAGE 6 Exhibit A — Vicinity Map Vicinity Map Legends Area of Impact Parcels - Meridian �-.I,); C EXHIBIT A 0 0.175 0.35 Miles 0 jf The information shown on this map is compiled from t various sources and is subject to constant revision. The City f' of Meridian makes no warranty or guarantee as to the J ! content, accuracy, timeliness, or completeness of any of the ! data provided, and assumes no legal responsibility for the s information contained on this map_ x I m Pis I Z * i i �� � y ia! e RUT lore j p� l`I , T i t c I� L -o A L -o rr �. :a.a.. A- c -c 1 RUT I i G ---- .. _ EWil n _ - Y 0 RLTT_ _ 0�IL I H, i Print Date: 3/512015 C -G E St C�y(E IDI( IANg- Solterra Subdivision No. 2 - FP -15-006 PAGE 7 EXHIBIT A Exhibit B — Approved Preliminary Plat (PP -13-037) Solterra Subdivision No. 2 - FP -15-006 PAGE 8 -ML --noml� OC19 s1�f-9 MM a� aam v® ac• acm nm =gym nm am i�flffi8 ism ® aacm j. a® SSI® ia® S1'® a a{� ism ata a® ��® t�f� OWCcm am - tom® nm t'�® tom® ��cs ome t'® om U �ifkf �'>•� ice® tom® d # 0f:1 0f� ®rte ®ca - -- - • 0tlS c'47� YgiE® i - d IY M i Y ufa: Solterra Subdivision No. 2 - FP -15-006 PAGE 8 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 02/16/15) Solterra Subdivision No. 2 - FP -15-006 PAGE 9 EXHIBIT A Exhibit D — Proposed Landscape Plan (dated: 02/19/15) PLANT » LAX �...,.,... .,...� LANDS.:APC GALG.LATIONS •- i t+-�1r. • I -4 ew °s ff 0 U1 Solterra Subdivision No. 2 - FP -15-006 PAGE 10 Bill Parsons From: Jim Conger <jconger@congergroup.com> Sent Tuesday, March 17, 2015 1:40 PM To: Bill Parsons Cc: Dianne )ossis Subject: RE: Softerra Bill — we have no Issues with the Staff Report. I was out with the flue last Wednesday and Thursday and we would have responded In a manner that would have allowed us to be on the consent agenda. I apologize. Thank you as always. Jim D. Conger Conger Management Group Office 208-336-5355 Cell 208-713-2527 From: Bill Parsons [malkD:bparsons@mericilarodty.org] Sent: Tuesday, March 17, 2015 11:48 AM To: 31m Conger Subject- Solterra JIM, Please provide a written response to the Sokerra staff report. Thanks, Ul Parsons, AICP Planning Supervisor Community Development Department 33 E. Broadway Avenue Meridian, Idaho $3642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org