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Maddyn Village H-2017-0029 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR Maddyn Village Subdivision (H-2017-0029) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 4, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY-NINE (29) SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND NINE (9) COMMON LOTS ON 10.32 ACRES OF LAND IN THE R-8 AND R-15 ZONING DISTRICTS FOR MADDYN VILLAGE SUBDIVISION. BY: A TEAM CONSULTANTS APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0029 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on APRIL 4, 2017 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 MADDYN VILLAGE SUBDIVISION, LOCATED IN THE GOVERNMENT LOT 1 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 02/17/2017, GREGORY G. CARTER, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR Maddyn Village Subdivision (H-2017-0029) Page 2 of 3 PLS , SHEET 1 OF 4,” 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 April 4, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” 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 #-14 , 2017. \�GOVpv2ATED A�cGs i Ci('tvuf o W Attest: m PlAly* S q L of ha TREASV�� C. Jay Coles City Clerk B Tammy d erd Mayor, Ci y of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �� \� C'o A� Dated: L/ / /I / D2/7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR Maddyn Village Subdivision (H-2017-0029) Page 3 of 3 EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 1 STAFF REPORT MEETING DATE: April 4, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2017-0029 – Maddyn Village Subdivision I. APPLICATION SUMMARY The applicant has applied for a final plat (FP) consisting of twenty-nine (29) single family residential lots, ten multi-family lots and nine (9) common/other lots on approximately 10.32 acres of land in the R-8 and R-15 zoning districts. II. STAFF RECOMMENDATION Staff recommends approval of the Maddyn Village Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0029 as presented in the staff report for the hearing date of April 4, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0029, as presented during the hearing on April 4, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0029 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 2975 and 3001 N. Meridian Road, in the NE ¼ of Section 1, Township 3N, Range 1W. B. Owners: Kyle Enzler 3001 N. Meridian Road Boise, ID 83646 EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 2 C. Applicant/Representative: Steve Arnold, A Team Consultants 1785 Whisper Cove Avenue Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts twenty-nine -nine (29) single family residential lots, ten (10) multi- family lots and nine (9) common/other lots on approximately 10.32 acres of land in the R-8 and R-15 zoning districts. All of the lots comply with the dimensional standards of the R-8 and R-15 zoning districts, except for Lot 32, Block 1. The approved preliminary plat, conditional use permit and the recorded development agreement allow the site to develop with twenty-seven (27) new single family detached dwelling units, forty-eight (48) multi-family units and maintain two (2) existing homes for an overall gross density of the development is 7.5 dwelling units per acre. Two of the proposed building lots, Lots 32 and 34, Block 1, are split-zoned R-8 and R-15. Staff recommends the applicant obtain approval of a rezone application prior to signature on the final plat to clean-up the zoning boundary. The recorded development agreement also requires the site to develop with 3.82 acres of open space. Open space requirements for the proposed subdivision include the development of Lots 1, 16, 23, 24, 39, Block 1 and Lot 1, Block 2. Amenities for these lots include a pool, clubhouse, community garden, sport court and a micropath. Except for aforementioned common lots (including the Meridian Road street buffers), the internal landscaping and the other site amenities will be reviewed for conformance with a future certificate of zoning compliance and administrative design review application for the multi-family portion of the development. The proposed open space is consistent with the amount approved with the preliminary plat. 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 meet all terms of the approved annexation and preliminary plat (H-2016- 0075) and recorded development agreement (instrument #2017-003461) for this subdivision. 2. The applicant has until October 12, 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. The final plat prepared by Idaho Survey Group, by Gregory G. Carter, dated 02/17/17, shall be revised as follows: a. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. b. For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Unless limited by a significant geographical feature, or separated by a minimum 5-foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. Add a 5-foot EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 3 wide landscape buffer on the north east side of the common drive proposed to be constructed on Lot 34, Block 1. c. Prior to signature on the final plat, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures that take access from a common lot (Lots 34 and 35, Block 1). d. Lot 19, Block 1 shall be for the benefit of cross access and shared parking for the proposed development, revise note #9 accordingly. e. Add a note: “The bottom elevation of all structural footings shall be set a minimum of 12 - inches above the highest established normal ground water elevation.” f. Note #1: Lot 33. Block 1 shall be included as a common lot. g. Add a note: “The development is subject to the Development Agreement #2017-003461. h. Lot 32, Block 1 shall have 40 feet of street frontage in accord with UDC Table 11-2A-6. 4. The landscape plan, prepared by Power Enterprises, dated 02/26/2017, is approved with the following comment: a. All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Fencing adjacent to all interior pathways and common open space shall meet the requirements of UDC 11-3A-7. b. Additional parking for the proposed clubhouse and pool are shown on the landscape plan. The applicant shall provide documentation from ACHD indicating their approval of proposed parking on Lot 1, Block 2. c. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. d. All landscape improvements approved with the proposed subdivision must be installed prior to releasing occupancy for any homes constructed within the subdivision. 5. Prior to development of Lot 1, Block 2, the applicant shall receive certificate of zoning compliance and design review approval for the pool and clubhouse. 6. The developer shall either rezone the portion that does not match the actual zoning of the land or the developer shall modify the Final Plat map to match the appropriate zoning prior to City signature. 7. A certificate of zoning compliance and administrative design review approval is required for the multi-family portion of the development (Lots 18-31, Block 1) prior to issuance of any building permits. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Future homes constructed within the subdivision must comply with the elevations approved with the approved preliminary plat. 10. Prior to the issuance of a building permit, the applicant shall record a final plat. 11. 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. 12. The property owner shall coordinate with the City’s Addressing Specialist and obtain a new street addresses for the existing residences proposed on Lots 17 and 32, Block 1. EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 4 13. The existing structures on Lots 17 and 32, Block 1 shall comply with the dimensional standards in accord with UDC Table 11-2A-6. Any structure that does not conform to the required setbacks shall be removed or the applicant shall obtain approval of a variance application from the City Council. VII. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 5. All common open space shall be maintained by an owner's association as set forth in UDC 11- 3G-3F1. VIII. PROCESS CONDITIONS OF APPROVAL 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 4. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. 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 fo rth in EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 5 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 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 EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 6 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. 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. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 07/24/2016) C. Proposed Final Plat (dated: 02/17/2017) D. Proposed Landscape Plan (dated: 02/26/2017) EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 07/24/2016) EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 9 Exhibit C – Proposed Final Plat (dated: 02/17/2017) EXHIBIT A Maddyn Village Subdivision H-2017-0029 PAGE 10 Exhibit D: Proposed Landscape Plan (dated: 02/26/2017)