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Oaks Subdivision No. 5 FP (H-2016-0127) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 5 – FP H-2016-0127 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 20, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FIFTY-ONE (51) SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND TEN (10) COMMON LOTS ON 13.23 ACRES OF LAND IN THE R-4, R-8 AND R- 15 ZONING DISTRICTS FOR COLEMAN HOMES, LLC BY: COLEMAN HOMES, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0127 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 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 THE OAKS SOUTH SUBDIVISION NO. 5, SITUATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 2017, HANDWRITTEN DATE: 11/7/16, by CODY M. MCCAMMON, PLS, SHEET 1 OF 7,” is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 5 – FP H-2016-0127 Page 2 of 3 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 December 20, 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 Kristi Watkins, J-U-B Engineers, 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 , 2017. B Tam W Mayor, City o Meridian Attest:GO�PORATFQgG C. y c s z s I�I w City Clerk �� �.qt Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. i l By: ' �� Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 5 — FP H-2016-0127 Page 3 of 3 EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 1 STAFF REPORT MEETING DATE: December 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: H-2016-0127 – Oaks South Subdivision No. 5 I. APPLICATION SUMMARY The applicant, Coleman Homes, LLC, has applied for final plat (FP) approval to develop 51 single- family residential building lots and 10 common lots on 13.23 acres of land in the R-4, R-8 and R-15 zoning districts. II. STAFF RECOMMENDATION/DECISION Staff recommends approval of the Oaks South Subdivision No. 5 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-2016-0127 as presented in the staff report for the hearing date of December 20, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0127, as presented during the hearing on December 20, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0127 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: (Parcel #: S0433212510) The site is located on the south side of W. McMillan Road, approximately ¼ mile east of N. McDermott Road in the NW ¼ of Section 33, Township 4N, Range 1W. B. Applicant/Owner: Thomas Coleman, Coleman Homes, LLC 3103 W. Sheryl Drive, Ste. 100 Meridian, Idaho 83642 C. Representative: Kristi Watkins, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts 51 single-family residential building lots for detached homes and 10 common lots on 13.23 acres of land in the R-4 zoning district. The average lot size for this phase is 7,585 square feet (s.f.) with a minimum lot size of 6,600 s.f. The gross density for this phase is 3.85 dwelling units per acre with a net density of 5.74 dwelling units per acre. One of the proposed building lots, Lot 2, Block 14, along with two other future lots to the south are split-zoned R-8 and R-15. Some of the common area is also split zoned and zoning within the right - of-way does not go to the centerline of the street as required. Staff recommends the applicant obtain approval of a rezone application prior to signature on the final plat for this phase of development to clean-up the zoning. The proposed open space for this phase consists of half of the street buffer along W. McMillan Road, parkways along local streets within the development, micropath lots and passive open space lots. The common open space proposed is approximately 1.32 acres and is consistent with that approved with the overall Oaks South development. Staff has reviewed the proposed final plat for substantial compliance with the approved revised preliminary plat (PP-13-013). Because the number of building lots and the amount of qualified open space proposed on the final plat are the same as approved with the preliminary plat, staff deems the final plat to be in substantial compliance as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved Oaks South annexation (AZ-13-008); preliminary plat (PP-13-013) and recorded development agreement (DA #114030972). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on a previous 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 applicant shall submit a rezone application prior to signature on the final plat for this phase of development to clean-up the lots that have split-zoning and the right-of-way (zoning should go to the centerline of the street on local streets). 5. The final plat prepared by J-U-B Engineers, Inc., stamped on 11/7/16, by Cody McCammon, shall be revised as follows: a. Note #10: Include recorded Instrument number. b. Note #12: “Direct lot access to W. McMillan . . .” c. Graphically depict the easements noted in Easement Notes #1 on the face of the plat. d. Include the recorded Instrument number in Easement Notes #5. e. Include the recorded Instrument number in Easement Notes #6. 6. The landscape plan prepared by Jensen Belts Associates, dated 11/4/16, shall be revised as follows: a. The unimproved right-of-way along W. McMillan Road is required to be improved with a 10- foot wide compacted gravel shoulder meeting ACHD construction standards and the remainder shall be landscaped with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 3 7. Submit a public use easement to the Planning Division for the multi-use pathway adjacent to N. Rustic Oak Way prior to City’s Engineer signature on the final plat. 8. All fencing installed on the site shall comply with 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. 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 building permit, the property shall be subdivided in accordance with the UDC. 11. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 12. 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. 13. A street light plan will need to be submitted 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. 14. As proposed, this development will not deliver adequate fire protection. The project must be reconfigured and/or a 12-inch water main must be built off-site on McMillan, to the next north- south roadway connection to the west, and then down to Quintale to provide a loop. A 12-inch water main must be extended from the intersection of Quintale and Mallard, to McDermott Rd to allow access to new Well 29 piping. 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. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 4 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 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 11-1-4B. 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. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. 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. EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 5 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 signature of the final plat by the City Engineer. 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 Water Department at (208)888-5242 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. 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 the Central District Health Department for abandonment procedures and inspections. 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. 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. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (PP-13-013) (dated: 8/6/13, revised 10/4/13) C. Proposed Final Plat (stamped/dated: 11/7/2016) D. Proposed Landscape Plan (dated: 11/4/2016) EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 7 Exhibit B – Approved Preliminary Plat (PP-13-013) (dated: 8/6/13, revised 10/4/13) EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 8 Exhibit C – Proposed Final Plat (dated: 11/7/2016) EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 9 EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 10 EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 11 Exhibit D –Proposed Landscape Plan (dated: 11/4/2016) EXHIBIT A Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 12 EXHIBIT B Sonva Allen From: Kristi Watkins <kwatkins@jub.com> Sent: Thursday, December 15, 2016 10:47 AM To: Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: Scott Wonders Subject: RE: Oaks South No. 5 - FP H-2016-0127 Sonya In regards to the staff report for Oaks South No 5, we accept the conditions as proposed. As per our discussion we will change the wording in Easement Note #1 to read "blanket" easements and will proceed with the rezone application as per your request. Thank you, Kristi From: Sonya Alien[mailto:sallen@meridiancity.org] Sent: Tuesday, December 13, 2016 4:05 PM To: Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cicoles@meridiancity.org>; Charlene Way <cwav@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Cc: Kristi Watkins <kwatkins(@iub.com> Subject: Oaks South No. 5 - FP H-2016-0127 Attached is the staff report for the proposed final plat for Oaks South No. 5. This item is scheduled to be on the Council agenda on December 20th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kristi - Please submit a written response to the staff report to the City Clerk's office (mhill@meridiancity.org, hones@meridiancity.org), cwav@meridiancity.org, bshiffer@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. Thanks, Sonya City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancit�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.