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Three Corners Subdivision No. 3 FP-15-008BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 21 SINGLE- FAMILY RESIDENTIAL LOTS AND 4 COMMON LOTS ON 6.81 ACRES OF LAND IN THE R-4 AND R-8 ZONING DISTRICTS FOR THREE CORNERS SUBDIVISION NO.3 BY: CONGER MANAGEMENT GROUP APPLICANT HEARING DATE: MARCH 24, 2015 CASE NO. FP -15-008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 24, 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 THREE CORNERS SUBDIVISION NO. 3, LOCATED IN THE NW '/a OF SECTION 29, TAN., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 02/19/15, CARL PORTER, PLS, SHEET 1 OF 3," is approved subject to those conditions in the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THREE CORNERS SUBDIVISION NO.3 (FP -15-008) Page 1 of 3 staff report to the Mayor and City Council from the Planning and the Development Services Divisions of the Community Development Department, dated March 24, 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 Kent Brown, 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 fled 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THREE CORNERS SUBDIVISION NO.3 (FP -15-008) Page 2 of 3 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 ( day of ILA A 2015. �n Tammy d erd Mayor, of Meridian U; Attest:\ U a� of IG�IIO Jaycee V91man F.P;s ti City Cler T6[�5��� Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. Dated: Q0VS— ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THREE CORNERS SUBDIVISION NO. 3 (FP -15-008) Page 3 of 3 STAFF REPORT MEETING DATE: TO: FROM: SUBJECT: EXHIBIT A March 24, 2015 Mayor and City Council Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 FP -15-008 — Three Corners Subdivision No. 3 I. APPLICATION SUMMARY E IDIAN*----- lDAHO The applicant, Conger Management Group, has applied for final plat (FP) approval of twenty-one (21) single family residential lots and four (4) common lots on 6.81 acres of land in the R-4 and R-8 zoning districts. II. STAFF RECOMMENDATION Staff recommends approval of the Three Corners Subdivision No. 3 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number FP -15-008 as presented in the staff report for the hearing date of March 24, 2015, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -15-008, as presented during the hearing on March 24, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -15-008 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 site is located near the southeast corner of E. Chinden Boulevard and N. Locust Grove Road in the northwest'/4 of Section 29, Township 4 North, Range 1 East. (Parcel #S0529223010) B. Applicant: Conger Management Group 1627 S. Orchard Road, Suite #24 Boise, ID 83705 C. Owner: David and Luane Dean 1890 E. Dunwoody Court Meridian, Idaho 83642 Three Corners Subdivision No. 3 - FP -15-008 PAGE 1 EXHIBIT A D. Representative: Kent Brown Kent Brown Planning 3161 E. Springwood Drive Meridian, ID 83642 The proposed final plat depicts twenty-one (21) single family residential lots and four (4) common lots on 6.81 acres of land in the R-4 and R-8 zoning districts. The average lot size is 8,095 square feet. The gross density of the development is 3.1 dwelling units per acre with a net density of 4.5 dwelling units per acre. Open space proposed with this phase consists of a portion of the Chinden Boulevard street buffer and several pathway lots (Lots 23 and 29, Block 2). Overall open space with this phase is 0.67 acres or 9.8% and totals approximately 3% of the overall open space approved with the preliminary plat. The open space proposed with this phase is consistent with the overall open space approved with the preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. The submitted final plat differs from the approved preliminary plat as follows: 1) The number of buildable lots has decreased by five (5) residential lots. The decrease in residential lots was caused by the owner's desire to increase the lot sizes within the development and ACHD's requirement for N. Sweet Valley Place to terminate in a cul-de-sac in lieu of the T-type turnaround proposed with the approved preliminary plat; and 2) The proposed final plat layout does not fall within the established zoning boundaries approved with the rezone of the property. To remedy the zoning discrepancy, the applicant will have to submit and obtain approval of a rezone application to ensure the zoning boundaries coincide with the layout of the proposed final plat prior to City Engineer's signature on the final plat. With the decrease in the number of buildable lots and the condition for cleaning -up the zoning discrepancy, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The Applicant shall meet all terms of the approved rezone, preliminary plat (RZ-13-010, PP -13- 025 & FP -14-002) and recorded development agreements (Instrument No.(s) 108022887 and 114004225) for this subdivision. 2. Prior to signature on the final plat, the applicant shall submit and obtain approval of a rezone application from the Planning Division to ensure the zoning boundaries (R-8 and R-4) coincide with the layout of the proposed final plat. 3. The final plat prepared by Sawtooth Land Surveying, LLC, stamped on February 19, 2015 by Carl Porter, shall be revised as follows: a. Note #10: Remove "...or as specifically approved by PUD -1200010." b. Remove note # 13 and 14. c. Place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard. Three Corners Subdivision No. 3 - FP -15-008 PAGE 2 EXHIBIT A 4. The landscape plan, prepared by Breckon Land Design, dated 02/28/15, shall be revised as follows: a. If the unimproved street right-of-way along Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-313-7C.5. b. Provide a detail of the proposed 6 -foot tall sound attenuating wall adjacent to Chinden Boulevard; said wall shall be designed in accord with UDC 11-314 4D.3. c. Provide landscape details for common lot 37, block 2. 5. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. Per UDC 11-3A- 7A7a, the applicant is responsible for fencing micropaths to distinguish the common areas from the private areas (Lots 23 and 29, Block 2). 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. 6. 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 13, 2016), in accord with UDC 11-613-7. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 9. Future homes constructed within the subdivision must comply with the elevations approved with the recorded development agreement. 10. Submit a public use easement to the Planning Division for the multi -use pathway adjacent to E. Chinden Boulevard prior to City's Engineers signature on the final plat. 11. Preliminary Plat condition of approval 2.1.2, required the applicant to provide a looped water system for any mains serving more than 25 lots. Specifically, this condition referred to the water main in E. Three Corners Drive and N. Sweet Valley Place (formerly E. Oak Garden Way and N. Hawk Creek Court respectively). The Public Works Department is amenable to the proposed configuration having the main rerouted through Common Lot 29, Block 2 for future connection to the water main serving the commercial lots to the west. 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. Three Corners Subdivision No. 3 - FP -15-008 PAGE 3 EXHIBIT A 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 11- 3A-3. 5. The applicant shall have an ongoing obligation to maintain all pathways. 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 -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 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 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. 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 (ACHD) 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. 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 Three Corners Subdivision No. 3 - FP -15-008 PAGE 4 EXHIBIT A 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. 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 Three Corners Subdivision No. 3 - FP -15-008 PAGE 5 EXHIBIT A (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. 23. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. 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. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. 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. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat (dated: 02/19/15) D. Proposed Landscape Plan (dated: 02/28/15) Three Corners Subdivision No. 3 - FP -15-008 PAGE 6 EXHIBIT A Exhibit A — Vicinity Map Vicinity Map 015 °3Miles 0 The information shown on this map is compiled from Legend various sources and is subject to constant revision. The City of Meridian makes no warranty or guarantee as to the ■ Area of Impact content, occuracy, timeliness, or completeness of any of the �_■ / data provided. and assumes no legal responsibility for the CParcels - Meridian information contained on this map. E Chinden Blvd -- - --- -- - - -- - -C L-0 R-151 -� z E Everest St R-8 RI Vt t o . "R-1.� 1Lj� 4 I r R ,41—, - iz"b C -C (� llr Z cR ? EJ €IG¢ Z _ _ R-4 i r } Ok t �> allinn St 1 ii t,JEY 1..1.��. / 9L �asacana St 1 J- r— F.- r i Print Date: 3/13/2015 CifE IDIAN�--- i�AHO Three Corners Subdivision No. 3 - FP -15-008 PAGE 7 EXHIBIT A Exhibit B — Approved Preliminary Plat Planawy MAT MR THREE CORNERS SUBDIVISION NO. 2 A PARCEL OF LAND LOCATED ff THE NW 114 Of OF THE YW 114 SECTION 29, T.M., R.M. BM, MY OF MERIDIAN. ADA COU TY, IDAHO 2013 - ---------- =P= M MEN =VILD Three Comers Subdivision No. 3 - FP -15-008 PAGE 8 rIV, oil M MEN =VILD Three Comers Subdivision No. 3 - FP -15-008 PAGE 8 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 02/19/15) RM PLAT Fos THREE CORNERS SUBDIVISION NO. 3 A PARCEL OF LAND LOCAM M M NY 1/4 OF OF TNR NI 1/4 MCMV m TAN.. R.1E., RK, CTfY OF MMMIAK. 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M. -� �� lA MSS 7 m wnEtt •tlEOpI .IN M tltt K .1sx•v Three Corners Subdivision No. 3 - FP -15-008 PAGE 9 fIBIQ COR1lRS iJMlNlpl YO. 7 BOOK W. PAGES 14M W 14M w ave � Kil[YAA.OIN7 CAP W C*PAP. ND. ��,,��17 107 71BM 1021=7 xi 29 10101Mw BEE .[ET 7 FOR LOW • CURK TAKE SXM/s N KN w.w. aOac Y NRO w rr..wunnwww W 1e•B ar Ns. K woo 100' 0 . wo m ® KOvt r. M v l/�i' 1e�n wNy HM • ��� o wKw 1/!' •iM u Roo Three Corners Subdivision No. 3 - FP -15-008 PAGE 9 t L- mw_ mmtwi Bill Parsons From: kent brown <kentlkb@gmail.com> Sent: Thursday, March 19, 201511:19 AM To: Bill Parsons Cc: Bill Nary; Ted Baird; lacy Jones; Jaycee Holman; Machelle Hill; jconger0congergroup.com Subject: Re: Three Corners No. 3 final plat staff report for 03/24/15 CC MTG Bill My Clients have review the staff report and are in agreement with the conditions of Approval.. Kent Brown On Wed, Mar 18, 2015 at 8:25 AM, Bill Parsons <bparsons ancldiancity.org> wrote: Attached is the staff report for the proposed Three Corners No. 3 final plat application (FP -15-008). This item is scheduled to be on the Council agenda on 03/24/15. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Jim or Kent - Please submit a written response to the staff report to the City Clerk's office (jholman( meridiancity.org, mbi l@meridiancity.org, )ionesomerldiancit r.00rg) and myself (e -maid or fax) 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 iW you submit a written response accordingly by Thursday, March 190' at 3:00 pm, your item wail 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. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, AICP Planning Supervisor Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: 0081884-5533