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Kenners Sub FP H-2016-0079 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KENNERS SUBDIVISION (H-2016-0079) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 19, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF EIGHT (8) SINGLE FAMILY RESIDENTIAL BUILDING LOTS AND ONE (1) COMMON LOT ON APPROXIMATELY 1.28 ACRES IN THE R-8 ZONING DISTRICT FOR KENNERS SUBDIVISION. BY: TEALEY’S LAND SURVEYING APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0079 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 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 KENNERS SUBDIVISION, LOCATED IN SW ¼ OF SECTION 5, TOWNSHIP 3N, RANGE 1E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 06/17/16, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KENNERS SUBDIVISION (H-2016-0079) Page 2 of 3 Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 19, 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 Pat Tealey, 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. EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Kenners Subdivision – FP (H-2016-0079) I. APPLICATION SUMMARY The applicant, Tealey’s Land Surveying, has applied for final plat (FP) approval of 8 single-family residential building lots and 1 common lot on 1.28 acres of land in an R-8 (medium-density residential) zoning district, for Kenners Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Kenners 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-2016-0079 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0079, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0079 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 at 2050 N. Dixie Lane, east of N. Locust Grove Road on the north of E. Fairview Ave., in the SW ¼ of Section 5, Township 3N., Range 1E. B. Applicant/Representative: Pat Tealey, Tealey’s Land Surveying 12594 W. Explorer, Ste. 150 Boise, ID 83713 C. Owner: Kouba Homes, LLC EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 2 5637 N. Claret Cup Way Meridian, Idaho 83646 V. STAFF ANALYSIS The proposed final plat depicts 8 single-family residential building lots and 1 common lot on 1.28 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 6.25 dwelling units (d.u.) per acre with a net density of 8.10 d.u. per acre. 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. 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 (H- 2016-0018). 2. The applicant has until May 17, 2018, 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. Future homes constructed within the subdivision must comply with the submitted elevations approved with the preliminary plat. 5. Prior to signature on the final plat, the applicant shall provide written documentation from the Wingate Place No. 2 HOA for the construction and maintenance of multi-use pathway in Lot 1, Block 6 of Wingate Place No. 2. 6. Prior to signature on the final plat, the applicant shall provide proof that any right to access N. Dixie Lane has been relinquished. 7. 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. 8. The final plat prepared by prepared by Tealey’s Land Surveying, dated 06/17/16, prepared by Patrick A. Tealey, is approved as shown. 9. The applicant is required to install a five foot wide landscape buffer on the north side of Lot 7, Block 1. The landscaping shall meet the requirements of UDC 11-3G-3. shown. 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 standards listed in UDC 11-3A-6 and 11- 3A-7. EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 3 9. Staff’s failure to cite specific ordinance provisions or conditions from 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. Prior to signature on the final plat, the applicant shall provide an exhibit depicting the setbacks, building envelope and orientation of lots and structures for those lots taking access from the common driveways (Lots 3-6, Block 1) in accord with UDC 11-6C-3D7. 12. A street light plan will need to be included in the final plat application. The plan will need to include the installation of a type 2 street light at the corner of E Oakcrest Drive and N Dixie Ave. 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 13. An existing temporary sanitary sewer and water main easement in favor of the City of Meridian currently exists across Lots 1 and 2, Block 1. The easement was created with the Wingate Place Subdivision No. 2 final plat. Existing sewer and water mains currently traverse through these easements, however with the development of Kenners Subdivision; theses mains will be relocated into the new public right-of-ways of E. Oakcrest Drive and N. Dixie Avenue, thereby rendering the easement alignment obsolete. To address the relinquishment of this easement, applicant shall create plat note that acknowledges the easement with reference to the recorded final plat of Wingate Place Subdivision No. 2, and then work with the City Attorney’s Office to process a Relinquishment document that would be executed by the City, and then recorded into Ada County Records. The recording instrument number would then be made part of the note described above. 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 EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 4 with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. 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. 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 11-5(c) -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 11-1-4(b). 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 EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 5 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, 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. 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 9-1-28(c)-1.). 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. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 06/01/15) C. Proposed Final Plat (dated: 2/11/16) EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 06/01/15) EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 8 Exhibit C – Proposed Final Plat (dated: 06/17/16) 1 Joshua Beach From:Pat Tealey <ptealey@tealeys.com> Sent:Thursday, July 14, 2016 10:33 AM To:Joshua Beach Subject:RE: Kenners Sub. Final Plat Josh I have read the attached Final Plat requirements and presented them to the owner. We have no comment and agree with the requirements as noted in the Staff Report. Patrick A. Tealey PLS #4347 Tealey’s Land Surveying 12594 W. Explorer Dr. #150 Boise, ID 83713 (208)385-0636 ph (208) 385-0696 fx From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Thursday, July 14, 2016 8:27 AM To: Pat Tealey < ptealey@tealeys.com >; Barbara Shiffer < bshiffer@meridiancity.org >; Charlene Way <cway@meridiancity.org >; Jacy Jones < jjones@meridiancity.org >; Machelle Hill < mhill@meridiancity.org >; Andrea Pogue < apogue@meridiancity.org >; Bill Nary < bnary@meridiancity.org >; Emily Kane < ekane@meridiancity.org >; Michelle Albertson < malbertson@meridiancity.org >; Ted Baird < tbaird@meridiancity.org > Subject: Kenners Sub. Final Plat Pat - Please submit a written response to the staff report to the City Clerk’s office (jholman@meridiancity.org , mhill@meridiancity.org , jjones@meridiancity.org ) 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. Josh Beach Associate Planner 2 Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208)489-0576 Fax: (208)888-6854 jbeach@meridiancity.org