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Paramount Veranda Subdivision FP H-2015-0033 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT VERANDA SUBDIVISION – FP (H-2015-0033) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 9, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF ONE (1) BUILDING LOT, TWO (2) COMMON AREA LOTS, AND ONE (1) OTHER LOT FOR FUTURE RIGHT-OF-WAY DEDICATION ON 4.88 ACRES OF LAND IN THE C-C ZONING DISTRICT FOR PARAMOUNT VERANDA SUBDIVISION. BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2015-0033 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on February 9, 2016 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 PARAMOUNT VERANDA SUBDIVISION, LOCATED IN A PORTION OF THE NE ¼ OF SECTION 25, T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2015, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT VERANDA SUBDIVISION – FP (H-2015-0033) Page 2 of 3 HANDWRITTEN DATE: 11/19/15, PATRICK A. TEALEY, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated February 9, 2016, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Van Elg, Brighton Development, 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 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 1 (,9 day of I-- 2016, t5y: a� Tammy ozA�L�:,c�.L. Mayor, Attest: s' O City o: P11�I� ayeee &man �y, SEALv� City Clerk of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT VERANDA SUBDIVISION ..- FP (H-2015-0033) Page 3 of 3 EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 1 STAFF REPORT HEARING DATE: February 9, 2016 February 25, 2014 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paramount Veranda – FP (H-2015-0033) I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat consisting of 1 building lot, 2 common area lots and 1 other lot for future right-of-way dedication on 4.88 acres of land in the C-C zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Paramount Veranda final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2015-0033 as presented in the staff report for the hearing date of February 2, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2015-0033, as presented during the hearing on February 2, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0033 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 generally located at the southeast corner of W. Chinden Blvd. and N. Fox Run Way at 6280 N. Fox Run Way, in the NE ¼ of Section 25, T. 4N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer, #200 Boise, Idaho 83713 C. Owner: Same as applicant EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 2 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer, #200 Boise, Idaho 83713 V. HISTORY OF PREVIOUS ACTIONS • In 2013, the subject property was annexed (AZ-13-005) as part of the Paramount Northeast development. • In 2015, a conditional use permit (H-2015-0008) was approved for a residential care facility in the C-C zoning district on the subject property. A development agreement modification application (H-2015-0022) was also approved to include the annexation area in the existing DA for Paramount Subdivision. VI. STAFF ANALYSIS The proposed final plat depicts 1 building lot, 2 common area lots and 1 other lot for future-of-way dedication on 4.88 acres of land in the C-C zoning district. A residential care (assisted living and memory care) facility is proposed to develop on this property. The proposed building lot complies with the dimensional standards of the C-C district per UDC Table 11-2B-3. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat. Staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VII. SITE SPECIFIC CONDITIONS 1. The developer shall comply with all previous conditions of approval associated with this site and the provisions in the development agreement (Instrument No. 103137116, amended as Instrument No. 113083665), the amended development agreement associated with H-2015-0022 (Inst. #2016-005060), and the preliminary plat (H-2015-0034). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Council approval of the preliminary plat, 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 Tealey’s Land Surveying, stamped on November 19, 2015 by Patrick A. Tealey shall be revised as follows: a. Note #9: Include the recorded instrument number. 5. The landscape plan prepared by KM Engineering, dated January 28, 2014 shall be revised as follows: a. Depict existing landscaping within the street buffer along W. Chinden Blvd. b. Depict a 10-foot wide multi-use pathway within the street buffer along W. Chinden Blvd. c. All interior landscaping and site plan should be in a lighter line type or removed as it’s not a requirement of the plat; only street buffer landscaping should be shown. 6. All fencing installed on the site must be in compliance with the provisions of the conditional use permit (#H-2015-0008) and 11-3A-7. If permanent fencing does not exist at the subdivision EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 3 boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 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 issuance of a Certificate of Occupancy for any new building on this site, the property shall be subdivided in accordance with the UDC. 9. A water main extension will be required through Lot 3, Block 1for a loop connection to the future residential area east of Lot 3, Block 1. 10. A street light plan needs to be included in the final plat application. 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. 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 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. EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 4 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. 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. EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 5 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may 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. 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. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plats (dated: November 2015) C. Proposed Final Plat (dated: 11/19/15) D. Proposed Landscape Plan (dated: 9/28/15) EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 6 Exhibit A – Vicinity Map ÚÚd C-C R1 C-C R-8 RUT RUT L-O TN-C L-O RUT N L i n d e r R d W Chinden Blvd N M e r i d i a n R d E S egundo St E San Pedro St W D i r e c t o r S t N M i t c h u m A v e W C r o s b y D r W P r o d u c e r D r N B e r g m a n A v e W Heston Dr E Rio C o WBacall Dr W Broderick Dr N Isl a E P ro d W G a b l e S t N B o o t h A v e N F o x R u n W a y N D i e t r i c h A v e W C a y u s e C r e e k D r E I r o n s t o n e D r W Caine St W C a g n e y S t W D r e y f u s s S t W D r e y f u ss L n N K e a t o n A v e W Bacall St N M i t c h u m A v e N B e a h a m A v e N P e p p a r d A v e tLn W Va lentinoDr W C o l b e rt S t W P ic k f o r d S t W V al e n ti n o S t W Hitchcock St N R i o V i s t a W a y N A r l i s s A v e N L a n g e A v e N D e m i l l e A v e W R e d g r a veDr N C h a n n i n g W a y N B e a h a m A v e W C a g n e y D r EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 7 Exhibit B – Approved Preliminary Plats (dated: November 2015) EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 8 Exhibit C – Proposed Final Plat (dated: 11/19/15) EXHIBIT A Paramount Veranda – FP H-2015-0033 PAGE 9 Exhibit D. – Proposed Landscape Plan (dated: 9/28/15) exitl 5 Sonya Watters From: Van Elg <velg@brightoncorp.com> Sent: Thursday, January 28, 2016 11:11 AM To: Sonya Watters Cc: Jon Wardle; Mike Wardle Subject: RE: Paramount Veranda - FP H-2015-0033 Staff Report Sonya, We have reviewed and the Conditions of Approval for the Final Plat of Paramount Veranda Subdivision. We agree to comply with the conditions/exhibits for this project. Thank you for your kind assistance. Thanks, Van Elg Brighton Development From: Sonya Watters [mailto:swatters@meridiancity.org] Sent: Tuesday, January 26, 2016 5:06 PM To: Barbara Shiffer <bshiffer@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Jacy Jones <Bones@meridiancity.org>; Jaycee Holman <]holman@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Cc: Van Elg <velg@brightoncorp.com>; Mike Wardle <mwardle@brightoncorp.com> Subject: Paramount Veranda - FP H-2015-0033 Staff Report Attached is the staff report for the proposed final plat for Paramount Veranda. This item is scheduled to be on the Council agenda on February 2nd. 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. Mike/Van - Please submit a written response to the staff report to the City Clerk's office (iholman@meridiancity.ore, mhitt@meridiancity.ora, iiones@meridiancity.org), cway@meridiancity.ore and myself (e-mail 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 and you submit a written response accordingly by Thursday at 3:00 pm, your item will 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. Thanks, Associate Planner, Planning Division City of Meridian - Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642