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Avebury Subdivision FP H-2016-0108 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AVEBURY SUBDIVISION (H-2016-0108) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 27, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 14 RESIDENTIAL LOTS AND 4 COMMON LOTS ON 3 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR AVEBURY SUBDIVISION. BY: AVEBURY DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0108 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 27, 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 AVEBURY SUBDIVISION, LOCATED IN THE NE ¼ OF SECTION 7, T.3N., R.1E, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, PATRICK J. SCHEFFLER, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AVEBURY SUBDIVISION (H-2016-0108) Page 2 of 3 Community Development Department dated September 27, 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 Ben Semple, 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 H day of ©C40be+- , 2016. VoOTED 2G0 A(/cGs i 01y or m 41 Attest: ��, SEAL C. Yay Cole City Clerk By: TammyRw4d Mayor,City o Meridian Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: G( � e.d'L� Akt( Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AVEBURY SUBDIVISION (H-2016-0108) Page 3 of 3 Exhibit A Avebury Sub – FP H-2016-0108 PAGE 1 STAFF REPORT MEETING DATE: September 27, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Avebury Subdivision - FP (H-2016-0108) I. APPLICATION SUMMARY The applicant, Avebury Development, LLC, has applied for final plat (FP) approval of 14 single- family residential building lots and 4 common area lots on 3 acres of land in an R-15 zoning district for Avebury Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Avebury Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0108 as presented in the staff report for the hearing date of September 27, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0108, as presented during the hearing on September 27, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0108 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 on the north side of E. Pine Ave.; west of N. Locust Grove Road, in the northeast ¼ of Section 7, T. 3N., R. 1E. B. Applicant/Owner: Guy Hendricksen, Avebury Development, LLC 408 S. Eagle Road Suite 103 Eagle, ID 83616 C. Representative: Breckon Land Design P. O. Box 44465 Garden City, ID 83714 Exhibit A Avebury Sub – FP H-2016-0108 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts 14 building lots and 4 common area lots on 3 acres of land in the R-15 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-15 zoning district listed in UDC Table 11-2A-7. The applicant is proposing a 5-foot wide pathway connection to the existing 10-foot multi-use pathway constructed within the Danbury Faire Subdivision to the west. 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 has decreased by one (1) 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 rezone and preliminary plat (PP-15-007, RZ-15- 008, and Development Agreement Inst. No. 2015-102166). 2. The applicant shall obtain the City Engineer’s signature on the final plat by September 8, 2017; 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 the Idaho Survey Group, stamped and dated on 8/03/16 by Patrick J. Scheffler PLS, shall be revised prior to City Engineer signature on the final plat as follows: a. Include a note that states that the subdivision is subject to the recorded development agreement instrument number (#2015-102166). b. Lots 1-5, Block 1 shall take access from a common driveway as proposed (Lot 6, Block 1). Provide a 5-foot wide landscape buffer along northern edge of the common driveway as proposed. c. The applicant shall provide an exhibit depicting the setbacks, building envelope and orientation of lots and structures taking access from the proposed common lot (Lot 6, Block 1). d. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway and 5-foot wide landscape buffer. e. Increase the width of the side Public Utilities, Pressurized Irrigation and Property Drainage easement adjacent to the subdivision boundary on Lot 1 and 16, Block 1 to 10-foot. f. Lot 1, Block 2 shall be a minimum of 5 feet in width and shall be landscaped as proposed. 5. The landscape plan prepared by Breckon Land Design, dated 8/18/16, shall be revised as follows: a. Widen the common lot adjacent to Five Mile Creek five (5) additional feet outside of the irrigation easement to allow the required plantings in accord with UDC 11-3B-7C; OR b. Submit a copy of a license agreement with the Irrigation District to allow the required plantings to be placed in the existing Five Mile Creek irrigation easement. c. Lot 7, Block 1 is a non-buildable lot and must be developed as a guest parking area as proposed and maintained by homeowner’s association with the following modifications: a. The applicant shall add 2 feet of landscaping on the east side of the parking stall, or wheel stops. Exhibit A Avebury Sub – FP H-2016-0108 PAGE 3 6. 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. 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. Development of homes within this subdivision shall comply with the building designs and materials approved with the recorded development agreement. 9. Comply with the stormwater integration standards listed in UDC 11-3B-11C. 10. Prior to signature on the final plat, the applicant shall provide written documentation from the HOA and the Irrigation District allowing the extension of the 5-foot wide pathway through Danbury Faire’s common lot (Lot 46, Block 8). The maintenance of the pathway will be the responsibility of the Avebury Homeowner’s Association. 11. A portion of this project lies within the Meridian Floodplain Overlay Dis trict. 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. 12. The Public Works Department has consented to the non-standard corridor locations of the sanitary sewer and water mains in E. Avebury Way due to utility conflicts. 13. The minimum water main size shall be 8-inch in diameter. 14. Sanitary sewer and water service to Lots 1-5, Block 1 shall be accomplished via service line extensions from the mainlines located in N. Petersburge Way, E. Avebury Way, and/or from the sanitary sewer mainline traversing through Common Area Lot 7, Block 1. No mainlines will be allowed in Lot 6, Block 1. 15. Prior to the issuance of a building permit, the applicant shall record a final plat. 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. Exhibit A Avebury Sub – FP H-2016-0108 PAGE 4 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. 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. Exhibit A Avebury Sub – FP H-2016-0108 PAGE 5 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. VIII. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 4/08/15) C. Proposed Final Plat (dated: 8/03/16) D. Proposed Landscape Plan (dated: 8/18/16) Exhibit A Avebury Sub – FP H-2016-0108 PAGE 6 Exhibit A – Vicinity Map Exhibit A Avebury Sub – FP H-2016-0108 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 4/08/15) Exhibit A Avebury Sub – FP H-2016-0108 PAGE 8 Exhibit C – Proposed Final Plat (dated: 8/03/16) Exhibit A Avebury Sub – FP H-2016-0108 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 8/18/16) 1 Joshua Beach From:Ben Semple <bsemple@breckonld.com> Sent:Tuesday, September 27, 2016 8:46 AM To:Joshua Beach; guy hendricksen Subject:RE: Avebury Josh, I gave the fire department a call, and I guess Perry is out all this week, but someone else is supposed to be calling me back to discuss. I am hoping we can get something from them that is in support of the design prior to City Council tonight. I checked, and our west-end connection is fairly tight, but it does still provide the 28-48 radii for truck turning. In addition, with rolled curb and attached sidewalk on the south side of new Avebury Way, and no parking signs installed, I believe we have more than adequately provided for the safety of the residents in the event of a fire or emergency situation that would require fire department response. In response to the sewer and water (item #14 on the staff report) I believe we can provide what the city would like for service extensions rather than mains in the common drive. The servicing of the lots in that manner may require the use of the area between top of bank of the canal and the property line (which would need to be covered by a license agreement with NMID), but having as a condition of approval allows us the time to address that portion of the design through the review/approval process and still get approval at City Council tonight. As soon as I hear back from someone at the Fire Department, I will forward along any pertinent information. I am meeting with Guy around 12:30 this afternoon, so after we discuss, I will also forward along any items we have concerns or comments about. Please let me know if you have questions or need anything additional from me in the meantime. Thank you. Benjamin S. Semple, PLA Breckon Land Design, Inc (208) 376-5153 ext. 106 (208) 340-5215 cell From: Joshua Beach [mailto:jbeach@meridiancity.org] Sent: Tuesday, September 27, 2016 8:27 AM To: guy hendricksen <guyhendricksen@gmail.com> Cc: Ben Semple <bsemple@breckonld.com> Subject: RE: Avebury Guy, That has been the turn-around time for the final plats lately. Apparently I should have copied Ben Semple at Breckon Land Design as well. I just called Ben and we’re working through some of the concerns that he has. I’ll coordinate with him since he’s the contact person listed on the application. I apologize for not copying him on my original email. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 2 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: guy hendricksen [mailto:guyhendricksen@gmail.com] Sent: Saturday, September 24, 2016 6:39 PM To: Joshua Beach Cc: Guy Hendricksen, MBA Subject: Re: Avebury Josh, When is the meeting scheduled? I have it down at 9/27, but received this message on the 21st and the response was due on the 22nd if the meeting is on the 27th. Breckon Land Design moved offices on Friday, so I will get with them to review ASAP. Thanks, Guy On Wed, Sep 21, 2016 at 11:00 AM, Joshua Beach < jbeach@meridiancity.org > wrote: This is the correct attachment. I’m sorry about that. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org 3 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. -- Thanks, Guy