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Creason Creek Subdivision H-2016-0022BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 34 RESIDENTIAL LOTS ON 8.72 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR CREASON CREEK SUBDIVISION BY: ULC MANAGEMENT, LLC APPLICANT HEARING DATE: MARCH 22, 2016 CASE NO. H-2016-0022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 22, 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: The Final Plat of "PLAT SHOWING CREASON CREEK, LOCATED IN THE NW 1/4 OF SECTION 1, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, CLINTON W. HANSEN, 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 Development Services Divisions of the Community ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREASON CREEK SUBDIVISION (H-2016-0022) Page 1 of 3 Development Department dated March 22, 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 Bob Unger, 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 - ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREASON CREEK SUBDIVISION (H-2016-0022) Page 2 of 3 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 I , 2016. By. Tammeerd �SipTGD,�, a Mayo , City of Meridian Attest: 0 c;ryof Jaycee fGman ��y ��— City Clerk F? 7R F,15���pN Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: Dated: LIA, Zi �o ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREASON CREEK SUBDIVISION (H-2016-0022) Page 3 of 3 Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 1 STAFF REPORT MEETING DATE: March 22, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Creason Creek – FP (H-2016-0022) I. APPLICATION SUMMARY The applicant, ULC Management, LLC, has applied for final plat (FP) approval of 34 single-family residential building lots and 6 common lots on 8.72 acres of land in an R-8 (medium-density residential) zoning district, for Creason Creek Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Creason Creek Subdivision final plat subject to the conditions noted in Sections VI and VII 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-2016-0022 as presented in the staff report for the hearing date of March 22, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0022, as presented during the hearing on March 22, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0022 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 southeast corner of N. Linder Road and W. Ustick Road in Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. B. Applicant/Representative: ULC Management, LLC 6104 N. Gary Lane Boise, ID 83714 C. Owner: CS2, LLC 8921 W. Hackamore Drive Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 2 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts 34 single-family residential building lots and 6 common lots on 8.72 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 3.23 dwelling units (d.u.) per acre with a net density of 4.59 d.u. per acre. The minimum property size is 6,500 square feet (s.f.) with an average size of 9,655 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. The proposed common open space for the first phase consists of the Ustick Road street buffer, center medians, local street buffers and passive open space in excess of 5,000 square feet. The qualified open space is approximately 0.82 of an acre. The proposed amenities include a 10-foot wide multi-use pathway constructed within Lot 3, Block 1 and a dog park. The proposed common open space and site amenities comply with the overall common open space and site amenities approved with the Creason Creek development. 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. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (AZ-15-009, PP-15-014 and recorded development agreement instrument #2016-019362). 2. The applicant has until October 20, 2017, to obtain City Engineer’s signature on the final plat 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 prepared by Land Solutions, dated 02/11/16, prepared by Clinton W. Hansen, shall be revised as follows: a. Include the applicable recorded instrument numbers in notes #10 and #11. b. State that this development is subject to a development agreement and include the applicable instrument number and include as note # 14. c. Extend Lot 3, Block 1 to the west boundary of Lot 5, Block 1. d. The applicant shall enter into a license agreement with ACHD for the landscape improvements within the public right-of-way. e. The applicant shall construct the intersection of NW 13th Street and W. Pebblestone Drive with a passive traffic calming design element as proposed, and in accord with ACHD and the Fire Department standards. 5. The submitted landscape plan prepared by The Land Group, dated 07/20/15, is approved with the following changes: a. The 6-foot tall wrought iron fence proposed for Lot 2, Block 1 shall be installed 10 feet from the sidewalk or construct a 4-foot tall wrought fence in its place. The applicant shall Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 3 be responsible for constructing the fencing along the interior common open space lots in accord with UDC 11-3A-7A.7. b. Extend Lot 3, Block 1 to the west boundary of Lot 5, Block 1. The entire lot shall be designed to include the 10-foot wide multi-use pathway and landscape standards set forth in UDC 11-3A-8 and UDC 11-3B-12C. The developer shall provide a minimum fourteen (14) foot wide recreational pathway easement covering the pathway route for City Council approval and recordation. Depict 4-foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible from a public street as set forth in UDC 11-3A-8H. c. Submit a revised landscape plan of the phase 1 boundary only, not the entire project. d. Install the proposed landscape improvements within Lot 7, Block 3 as proposed. The width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four feet (4’) to back of curb. The revised plan shall depict the ultimate right-of-way as anticipated ACHD to ensure the required 25-foot landscape buffer is being provided in accord with UDC 11-3B-7C. e. The stormwater facilities proposed for Lot 1, Block 4 and Lot 16, Block 2 shall comply with the design standards set forth in UDC 11-3B-10C. f. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. g. Prior to signature on the final plat, the applicant shall provide details of the proposed pedestrian bridge across the Creason Lateral. The design shall be certified by a structural engineer and approved by the Nampa Meridian Irrigation District. h. Provide two (2) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. The existing structure shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 7. 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. 8. 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. 9. Staff’s failure to cite specific ordinance provisions or conditions f rom the preliminary plat does not relieve the applicant of responsibility for compliance. 10. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 11. The applicant shall construct homes within the proposed development consistent with the elevations approved with the recorded development agreement. 12. Prior to City Engineer’s signature on the final plat, the applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 4 13. A street light plan will need to be included for review with the civil plans. 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. In addition to the Type 2 lights shown on the street light plan stamped 2/8/16, a Type 1 light will be required on the frontage of Ustick Road approximately 250' west of the existing light at the intersection of NW 12th and Ustick. An additional type 2 light shall be located at the west end of Pebblestone Drive. 14. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 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 Creason Creek Subdivision– FP (H-2016-0022) PAGE 5 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 Creason Creek Subdivision– FP (H-2016-0022) PAGE 6 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. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 8/07/15) C. Proposed Final Plat (dated: 2/11/16) D. Proposed Landscape Plan (dated: 7/20/15) Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 7 Exhibit A – Vicinity Map Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 8/07/15) Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 9 Exhibit C – Proposed Final Plat (dated: 2/11/16) Exhibit A Creason Creek Subdivision– FP (H-2016-0022) PAGE 10 Exhibit D – Proposed Landscape Plan (dated: 7/20/15) ULC MANAGEMENT ···· 6104 N. GARY LANE ···· BOISE , IDAHO 83714 (208) 861-5220 ···· BUNGER @ULCMANAGEMENT .COM TO: Meridian City Council 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: March 17, 2016 RE: Response to Staff Report for FP-H-2016-002 – Creason Creek We have reviewed the Staff Report and concur with the report and agree with the Conditions of Approval. We look forward to working with you and your staff on this project and request your approval. If you have any questions or concerns please contact me at (208) 861-5220. Sincerely, Robert C. Unger Manager