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Fall Creek No. 3 FP-15-026BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 43 SINGLE- ) FAMILY RESIDENTIAL ) BUILDING LOTS AND 6 COMMON ) LOTS ON 19.24 ACRES OF LAND ) IN THE R-8 ZONING DISTRICT ) FOR FALL CREEK SUBDIVISION ) NO.3 ) BY: COLEMAN HOMES, LLC ) APPLICANT ) 1 HEARING DATE: AUGUST 25, 2015 CASE NO. FP -15-026 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on August 25, 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 FALL CREEK SUBDIVISION NO. 3, LOCATED IN THE SW %4 OF SECTION 24, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 7/21/15, CLINTON W. HANSEN, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO. 3 (FP -15-026) Page 1 of 3 from the Planning and Development Services divisions of the Community Development Department dated August 25, 2015, a hue and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO. 3 (FP -15-026) 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 '2015. By: Tammy de W d cOA� e Mayor, City of Meridian AttestQo`ia car �y4 d` ' I r City of EI. IDZ IAI,J 16AlIO Ja cee N loran SEAL. City Clerk ��F *� ���lM1e YRoASVAy day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO. 3 (FP -15-026) Page 3 of 3 EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 1 STAFF REPORT MEETING DATE: August 25, 2015 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-15-026 – Fall Creek Subdivision No. 3 I. APPLICATION SUMMARY The applicant, Coleman Homes, LLC, has applied for final plat (FP) approval of 43 single-family residential building lots and 6 common lots on 19.24 acres of land in the R-8 (medium-density residential) zoning district. This is the third phase of development of Fall Creek Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Fall Creek 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-15-026 as presented in the staff report for the hearing date of August 25, 2015, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-15-026, as presented during the hearing on August 25, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-15-026 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 south of W. Overland Road on the east side of S. Linder Road, in the southwest ½ of Section 24, T. 3N., R. 1W. B. Applicant: Coleman Homes, LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 C. Owner: Bear Creek West Development, LLC 3103 W. Sheryl Drive, Suite 100/2430 S. Linder Road Meridian, Idaho 83642 EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 2 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83642 V. STAFF ANALYSIS The proposed final plat depicts 43 building lots and 6 common lots on 19.24 acres of land in the R-8 zoning district. The gross density of the proposed subdivision is 2.23 dwelling units (d.u.) per acre with a net density of 3.19 d.u. per acre. The minimum property size is 11,012 square feet with an average property size of 13,645 square feet (s.f.). All of the lots proposed in this phase are for single- family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. There is an existing home and associated outbuildings on proposed Lot 58, Block 5 that the developer recently acquired and is in the process of removing. The UDC (11-3A-17) requires a minimum 5-foot wide detached sidewalk to be constructed along S. Linder Road, which is not depicted on the plans. There is an existing guardrail adjacent to the pavement along the frontage of this site and the grade of the road is higher than that of the subject property. ACHD has met with the applicant on this matter and because of these site constraints, the developer will be donating right-of-way to ACHD in lieu of constructing the sidewalk improvements in this section or providing a road trust. ACHD will construct sidewalk along this section of Linder Road when the bridge is widened in the future. With development of Phase 2 to the north, the developer will be constructing sidewalk to right before the guardrail with an asphalt pedestrian connection to Linder Road at the sidewalk terminus. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. There are two fewer buildable lots proposed on the final plat than shown on the approved preliminary plat and the amount of common area has increased (15,164+/- s.f.). Because the number of buildable lots did not increase and the amount of common open space is greater than originally approved, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-05-064; Development Agreement Inst. No. 106151232) and preliminary plat (PP-12-016). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the final plat for the previous phase; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Engineering Solutions, LLP, dated July 21, 2015 by Clinton W. Hansen shall be revised as follows: a. Note: #13: Include the recorded instrument number for the ACHD license agreement. b. Include the recorded Book and Page number on the note for Fall Creek Subdivision No. 2 abutting the site to the north. EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 3 5. The landscape plan prepared by Jensen Belts Associates, dated July 17, 2015, shall be revised prior to signature on the final plat by the City Engineer as follows: a. A minimum of one tree shall be included within Lot 62, Block 5 outside of the ACHD stormwater drainage easement in accord with UDC 11-3B-12C.2. b. Depict a 10-foot wide compacted gravel shoulder along S. Linder Road 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. 6. The existing home and accessory structures shall be removed from the site prior to signature on the final plat by the City Engineer. 7. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. 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. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. A street light plan will need to be included with the Land Development Plan Submittal. 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.meridiancity.org/public_works.aspx?id=272. The street light plan will need to include Type 1 lighting along the frontage of Linder Road in addition to type 2 lighting along the subdivisions internal streets. 11. Applicant shall be required to pay their pro-rata share of the outstanding balance of the August 24, 2007, 27-inch Sanitary Sewer Reimbursement Agreement, recorded as Ada County Instrument Number 108124038, prior to signature on the final plat. 12. Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 13. With the application for a building permit, each home builder must submit lot grading and finished floor elevation consistent with the approved master grading and drainage plan for the subdivision. If deviations from the approved master grading and drainage plan are proposed, they must be submitted and approved by the Community Development Department prior to the issuance of a building permit. Any such revision proposal shall be accompanied by a written authorization from the Developer to allow a revision to the master lot grading plan VII. 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 EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 4 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 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. EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 5 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. 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. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that ma y be required by the Environmental Protection Agency. 21. 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. 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 Central District Health for abandonment procedures and inspections (208)375-5211. 23. 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. EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 6 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 tiled 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. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 1/10/13) C. Revised Preliminary Plat Layout D. Proposed Final Plat (dated: 7/21/15) E. Proposed Landscape Plan (dated: 7/17/15) EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 1/10/13) EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 9 Exhibit C – Revised Preliminary Plat Layout EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 10 Exhibit D: Proposed Final Plat (dated: 7/21/15) EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 11 Exhibit D –Proposed Landscape Plan (dated: 7/17/15) EXHIBIT A Fall Creek Subdivision No. 3 FP-15-026.doc PAGE 12 EX0181T B ENGINEERING planning and engineering communities for Ne figure SOLUTIONS«P August 12, 2015 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Fall Creek Subdivision No. 3 Final Plat File No. FP -15-026 Dear Mayor and City Council: 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwestoffice.net gwestoffice.net We have reviewed staff comments for the Meridian City Council meeting of August 25, 2015, and have the following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. a. The applicant will comply. b. The applicant will comply. 5. a. The applicant will comply. b. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. Noted. 9. Noted. 10. The applicant will comply. CADocumentsV015\150427 Fall Creek Subdivision No. 3\RecsResponse.doc Mayor and City Council August 12, 2015 Page 2 11. Applicant shall pay their proportionate share based on the 2007, Sanitary Sewer Agreement. 12. Understood. 13. Understood. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. Understood. 11. Understood. 12. The applicant will comply. 13. Understood. 14. The applicant will comply. 15. The certification was provided with the final plat application. M. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. C'Oocuments\2015\Y50427 Fall Creek subdivision No. 3aeesResponsodoc Mayor and City Council August 12, 2015 Page 3 19, The applicant will comply. 20. The applicant will comply. 21. The applicant will comply. 22. The applicant will comply. 23. The applicant will comply. 24. The applicant will comply. The Ridenbaugh Canal will remain open. Thank you for your review of this project. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKa Planner BM:ss cc: Coleman Homes LLC C:Tocuments\2015\150427 Fall Creek subdivision No, 3\RecsResponse.doc