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Tree Farm Sub 1 - FP H-2017-0036 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUBDIVISION NO. 1 – FP H-2017-0036 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 2, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FIFTY ONE (51) BUILDING LOTS AND TWO (2) COMMON LOTS ON 19.89 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR TREE FARM SUBDIVISION NO. 1. BY: M3 COMPANIES, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0036 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 3, 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 TREE FARM SUBDIVISION NO. 1, LOCATED IN THE WEST ½ OF THE SOUTHWEST ¼ OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: March 24, 2017, by CODY M. MCCAMMON, PLS, SHEET 1 OF 8,” is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUBDIVISION NO. 1 – FP H-2017-0036 Page 2 of 3 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 May 3, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Mark Tate, 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 14-1611 '2017. oepJEDAUG S ayor, C' y Meridian Attest: o"eo r� City or EIDIAN�-- IDAHQ C. ay Cole x� SEAL41 Ci Clerk day of Copy served upon the Applicant; Planning and Development Services Divisions of the Community Development Department and City Attorney. By: • -�� I, ce) Dated: 5V l 7 / D�j� ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUBDIVISION NO. I — FP H-2017-0036 Page 3 of 3 Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 1 STAFF REPORT MEETING DATE: May 2, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Tree Farm Subdivision No. 1 (H-2017-0036) I. APPLICATION SUMMARY The applicant, M3 Companies, LLC, has applied for final plat (FP) approval of fifty one (51) single- family residential building lots, two (2) common driveway lots and nine (9) common lots on approximately 19.89 acres of land in the R-8 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Tree Farm Subdivision No. 1 final plat application 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-2017-0036 as presented in the staff report for the hearing date of May 2, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0036, as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0036 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 4740 W. Chinden Blvd., in the SW ¼ of Section 22, Township 4N., Range 1W. B. Owners: Drew Eggers 2256 N. Waggle Place Meridian, ID 83646 C. Applicant: M3 Companies, LLC, (Mark Tate) 1087 W. River Street, Suite 310 Boise, ID 83702 Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 2 D. Agent: JUB Engineers (Kristi Watkins) 250 S. Beechwood Ave. Suite 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts fifty one (51) single-family residential building lots, 2 common driveway lots and nine (9) common lots on 19.89 acres of land, zoned R-8. All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. This phase contains 3.5 acres of open space, which constitutes 17.59% of this phase, and 56% of the required 6.15 acres of open space for the entire development. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. Because the number of buildable lots and common open space is the same, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B- 3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-004 and AZ-06-050), rezone and preliminary plat (H-2016-0128 and development agreement (#MDA-10-004, Inst. No. 110059432). 2. The applicant has until February 22, 2019 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. The final plat prepared by JUB Engineers, dated March 24, 2017 by Cody M. McCammon shall be revised as follows:  Include the instrument # for note #10 referencing the ACHD license agreement instrument number.  Include the instrument # for easement note #7 referencing the ACHD right-of-way easement instrument number.  Include the instrument # for easement note #8 referencing the ACHD storm drain easement instrument number.  Include the development agreement # for the development in note #5. 5. The landscape plan prepared by Greey, Pickett Landscape Architecture, dated 1/28/2016 shall be revised to show the landscaped are specific to this phase of the development. 6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. 7. Future homes/structures constructed in this subdivision shall substantially comply with the sample elevations approved with the preliminary plat. 8. Staff’s failure to cite specific ordinance provisions or conditions from th e preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 3 10. Prior to signature of the final plat by the City Engineer, th e 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. VII. GENERAL REQUIREMENTS 1. 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 will be via United Water. 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. Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 4 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. 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, 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 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 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 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, Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 5 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 6 Exhibit A – Vicinity Map Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 7 Exhibit B – Approved Preliminary Plat Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 8 Exhibit C – Proposed Final Plat Exhibit A Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 9 Exhibit D –Proposed Landscape Plan 1 Joshua Beach From:Mark Tate <MTate@m3companiesllc.com> Sent:Friday, April 28, 2017 12:26 PM To:Joshua Beach; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject:RE: Tree Farm FP No. 1 Josh, I have reviewed the staff report and have no objections after our subsequent email conversation. Thanks to everyone for their timely processing of this application. Thanks, Mark Tate General Manager M3 Companies 1087 W. River Street Suite 310 Boise, ID 83702 208.939.6263 Phone 208.939.6752 Fax E-mail: mtate@m3companiesllc.com CONFIDENTIALITY NOTICE: This electronic transmission and any attachment are the confidential property of the sender, and the materials are privileged communications intended solely for the receipt, use, benefit, and information of the intended recipient indicated above. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this electronic transmission is strictly prohibited, and may result in legal liability on your part. If you have received this e-mail in error, please notify The M3 Companies immediately by telephone at (208) 939-6263, by facsimile at (208) 939-6752 or by e-mail directly to the sender, and destroy this electronic transmission. E-mail cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender does not have liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Friday, April 28, 2017 8:47 AM To: Mark Tate < MTate@m3companiesllc.com >; Barbara Shiffer < bshiffer@meridiancity.org >; C.Jay Coles <cjcoles@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Machelle Hill < mhill@meridiancity.org > Subject: Tree Farm FP No. 1 Mark - Please submit a written response to the staff report to the City Clerk’s office (cjcoles@meridiancity.org , mhill@meridiancity.org ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. As long as we have concurrence by the end of the business day today (Friday April 28, 2017), we can get this on the consent agenda for Tuesday’s Council 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. 2 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 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 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.