Howry Lane FP H-2016-0106
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HOWRY LANE SUBDIVISION NO. 1 – FP (H-2016-0106)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 20, 2016
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF FIFTY-FOUR (54)
BUILDING LOTS AND SEVEN (7)
COMMON AREA LOTS ON 21.17
ACRES OF LAND IN THE R-8
ZONING DISTRICT FOR HOWRY
LANE SUBDIVISION NO. 1
BY: M3 ACQUISITIONS, LLC
APPLICANT
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CASE NO. H-2016-0106
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 20, 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 HOWRY LANE SUBDIVISION NO. 1,
SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HOWRY LANE SUBDIVISION NO. 1 – FP (H-2016-0106)
Page 2 of 3
HANDWRITTEN DATE: 8/12/16, by MICHAEL S. BYRNS, PLS, SHEET 1 OF
8,” 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 September
20, 2106, a true and correct copy of which is attached hereto marked “Exhibit A”
and by this reference incorporated herein, and the response letter from Scott
Wonders, Applicant’s Representative, 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 day of
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Copy served upon the Applicant, Planning and Development Services Divisions of the
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Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HOWRY LANE SUBDIVISION NO. 1 — FP (H-2016-0106)
Page 3 of 3
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 1
STAFF REPORT
MEETING DATE: September 20, 2016
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Howry Lane Subdivision No. 1 - FP (H-2016-0106)
I. APPLICATION SUMMARY
The applicant, M3 Acquisitions, LLC, has applied for final plat (FP) approval of 54 single-family
residential building lots and 7 common area lots on 21.17 acres of land in an R-8 zoning district for
the first phase of Howry Lane Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Howry Lane Subdivision No. 1 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2016-0106 as presented in the staff report for the hearing date of
September 20, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0106, as presented during the hearing on September 20, 2016,
for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0106 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 at 5220 S. Howry Lane, in the northeast ¼ of Section 33, T. 3N.,
R. 1E.
B. Applicant:
M3 Acquisitions, LLC
4222 E. Camelback Road, Suite H100
Phoenix, AZ 85018
C. Owner:
SRS AZ Investors, LLC
4222 E. Camelback Rd., Ste. H100
Phoenix, AZ 85018
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 2
D. Representative:
Scott Wonders, JUB Engineers, Inc.
250 S. Beechwood, Ste. 201
Boise, ID 83709
V. STAFF ANALYSIS
The proposed final plat depicts 54 building lots and 7 common area lots on 21.17 acres of land in the
R-8 zoning district. All of the lots proposed in this subdivision are for single-family detached homes
and comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. A
tot lot with play equipment and a bench are proposed as amenities in this phase.
There are existing structures on this site that are required to be removed prior to signature on the final
plat by the City Engineer for this phase of development.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat as set forth in UDC 11-6B-3C.2. The total number of buildable lots in this phase has decreased
by 9 and the amount of common area is the same. Therefore, 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 and preliminary plat (H-2016-0030,
Development Agreement Inst. No. 2016-060149).
2. The applicant shall obtain the City Engineer’s signature on the final plat by June 14, 2018; 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 Michael S. Byrns, PLS., stamped and dated 8/12/16, shall be revised
prior to City Engineer signature on the final plat as follows:
a. Note #5: Include the recorded development agreement instrument number (#2016-060149).
There is no addendum.
b. Modify note #6 as follows, “Lots shall not be reduced in size without prior approval from the
Health Authority and the City of Meridian.”
c. Note #10: Include the recorded instrument number for the license agreement.
d. Easement note #6: Include recorded instrument number.
e. Easement note #11: include the following language… “However, the lot owner shall be
responsible for the removal and replacement of any improvements placed within the
easement area in the event the easement area needs to be excavated by any beneficiary of said
easement.”
f. Change the year below the situate statement from 2017 to 2016 if the plat will be recorded in
2016.
g. Plat Legend: (Utility Easement Line) modify to read “Public Utility, Drainage, and Irrigation
Easement”
h. Plat Legend: (Utility and Pressurized Irrigation Line) Modify to read “Public Utility,
Drainage, and Irrigation Easement” or change the line type to match the above referenced
line.
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 3
5. The landscape plan prepared by Greey/Pickett Professional Corp., dated 8/19/16, shall be revised
as follows:
a. Fencing is required along lot lines adjacent to the common open space areas on Lot 9, Block
2; Lot 1, Block 3; Lot 8, Block 4; and Lot 8, Block 5 as set forth in UDC 11-3A-7A.7.
b. Depict the location of the tot lot on Lot 1, Block 3.
6. The existing ingress/egress for the property to the south (Parcel #S1133315310) along the west
boundary of this site shall remain accessible until such time as alternate access can be provided
through the subject property via public streets and an access easement from where S. Ashcroft
Way ends to the south boundary of the site. Once the new access easement is provided, the
easement along the west boundary shall be relinquished. The communication easement along the
west boundary shall be relinquished once it’s no longer needed or is provided via alternate means.
7. All fencing installed on the site must comply 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. The property owner shall relinquish their interest in Howry Lane and dedicate right-of-way for a
public street in accord with ACHD standards.
9. The existing structures on the site shall be removed prior to signature on the final plat by the City
Engineer.
10. Construct the water amenity proposed within this development in accord with the standards in
UDC 11-1A-1 as proposed by the Engineer with banks no steeper than one foot (1’) vertical per
every four feet (4’) horizontal with a maximum depth and velocity in all places so that the
product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not
exceed four (4). See letter from the Engineer in Exhibit E.
11. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
12. Development of homes within this subdivision shall be generally consistent with the building
elevation design and materials approved with the preliminary plat.
13. Comply with the stormwater integration standards listed in UDC 11-3B-11C.
14. Recent water modeling indicates that with this phase, there will not be adequate fire flows at the
end of W. Auckland Street. Applicant shall be required to complete the water main loop planned
for the future south phase, to connect S. Archeron Way to S. Ashcroft Way. In addition to this
looping, the applicant will need to upsize the water main from S. Howry Lane to the intersection
of W. Auckland Street to 12-inch diameter.
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.
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 4
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. 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 11-5C-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. 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.
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 5
17. 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.
18. 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.
19. 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.
20. 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, 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.
21. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
22. 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.
23. 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.
24. 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.
V. EXHIIBITS
A. Vicinity Map
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 6
B. Approved Preliminary Plat (dated: 4/20/16)
C. Proposed Final Plat (dated: 8/12/16)
D. Proposed Landscape Plan (dated: 8/19/16)
E. Water Amenity Compliance Documentation
F. Qualified Open Space Exhibit (dated: 9/14/16)
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 7
Exhibit A – Vicinity Map
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 8
Exhibit B – Approved Preliminary Plat (dated: 4/20/16)
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 9
Exhibit C – Proposed Final Plat (dated: 8/12/16)
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 10
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 11
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 12
Exhibit D –Proposed Landscape Plan (dated: 8/19/16)
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 13
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 14
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 15
G. Water Amenity Compliance Documentation
EXHIBIT A
Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 16
H. Qualified Open Space Exhibit (dated: 9/14/16)