Howry Lane Sub 2 - FP H-2017-0081 Order
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HOWRY LANE SUB 2 – FP (H-2017-0081)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JUNE 27, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 30 SINGLE-
FAMILY RESIDENTIAL
BUILDING LOTS AND 5 COMMON
LOTS ON 11.47 ACRES OF LAND
IN THE R-8 ZONING DISTRICT
FOR HOWRY LANE SUBDIVISION
NO. 2
BY: M3 ACQUISITIONS, LLC
APPLICANT
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CASE NO. H-2017-0081
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on June 27, 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 HOWRY LANE SUBDIVISION NO. 2,
SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017,
HANDWRITTEN DATE: 5/25/2017, BY MICHAEL S. BYRNS, PLS, SHEET 1
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HOWRY LANE SUB 2 – FP (H-2017-0081)
Page 2 of 3
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 June 27, 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 Kristi Watkins, JUB 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
2017.
O�PjED AUGUST
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? Oily of
&01 IDIS IA�
`IDAHO
Attest: s0 SEAL
2r�R of the TR�PSJ�
C.Ja moles
City Clerk
By:
Tammy de ee
Mayor, City o Meridian
day of
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: - / ( .� Dated:
-�- la- I --V
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HOWRY LANE SUB 2 — FP (H-2017-0081)
Page 3 of 3
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 1
STAFF REPORT
MEETING DATE: June 27, 2017
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. 2 - FP (H-2017-0081)
I. APPLICATION SUMMARY
The applicant, M3 Acquisitions, LLC, has applied for final plat (FP) approval of 30 single-family
residential building lots and 5 common area lots on 11.47 acres of land in an R-8 zoning district for
the second phase of Howry Lane Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Howry Lane Subdivision No. 2 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2017-0081 as presented in the staff report for the hearing date of
June 27, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0081, as presented during the hearing on June 27, 2017, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0081 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 2 – FP H-2017-0081.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 30 building lots and 5 common area lots on 11.47 acres of land in the
R-8 zoning district. This is the 2nd of 3 phases of development. 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 swimming pool and dressing rooms are proposed as amenities within this phase of development. A
Certificate of Zoning Compliance and Design Review application is required to be submitted for
approval prior to submittal of building permit applications.
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 4 and the amount of common area is the same. In the first phase, 9 fewer building lots were shown
on the final plat for a total between the first two phases of 13 fewer lots than approved with the
preliminary plat. When the preliminary plat was approved, a “step up” in density was approved from
low density (3 or fewer units/acre) to medium density (3-8 units/acre) residential. Because the density
is in line with the FLUM designation of LDR, staff finds the proposed final plat in substantial
compliance with the approved preliminary plat and Comprehensive Plan.
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 5/25/17, shall be revised
prior to City Engineer signature on the final plat as follows:
a. Modify note #4 as follows, “Lots shall not be reduced in size without prior approval from the
Health Authority and the City of Meridian.”
b. Please add the following note: Maintenance of any irrigation and/or drainage pipes or ditches
crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an
irrigation/drainage entity or lot owners association.
c. Easement Note #5: Include recorded instrument number.
d. Easement Note #6: Include recorded instrument number and include language restricting the
lot to non-buildable until such time as S. Taradale Avenue is extended to the north and the
emergency turnaround is no longer necessary.
e. Reference Documents: Include recorded instrument numbers.
f. Add a note stating which lots are proposed to take access via the common driveway on Lot
24, Block 3.
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 3
5. The landscape plan prepared by Greey/Landscape Architecture/Community Design, dated
5/25/17, is approved as submitted.
6. The fencing plan included in Exhibit D shall be revised as follows:
a. The fencing depicted on Lot 26, Block 3 and Lot 1, Block 7 shall be set back a minimum of
10 feet from the street side property line along W. Lachlan Street in accord with UDC 11-3A-
7C.3.
7. The Cunningham Lateral shall be piped where it crossed this site in accord with UDC 11-3A-6B.
8. A perpetual ingress-egress easement for the common driveway proposed on Lot 24, Block 3 shall
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.
9. 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.
10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
11. Development of homes within this subdivision shall be generally consistent with the building
elevation design and materials approved with the preliminary plat.
12. Comply with the stormwater integration standards listed in UDC 11-3B-11C.
13. A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved prior to submittal of a building permit application for the swimming pool and
associated structure.
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.
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 4
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
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
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 5
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.
V. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 4/20/16)
C. Proposed Final Plat (dated: 5/25/17)
D. Proposed Landscape Plan (dated: 5/25/17) & Fencing Plan
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 6
Exhibit A – Vicinity Map
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 7
Exhibit B – Approved Preliminary Plat (dated: 4/20/16)
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 8
Exhibit C – Proposed Final Plat (dated: 5/25/17)
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 9
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 10
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 11
Exhibit D –Proposed Landscape Plan (dated: 5/25/17) & Fencing Plan
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 12
EXHIBIT A
Howry Lane Sub 2 – FP H-2017-0081.doc PAGE 13
Sonva Allen
From: Kristi Watkins <kwatkins@jub.com>
Sent: Thursday, June 22, 2017 4:16 PM
To: Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill
Subject: RE: Howry Sub. 2 - FP H-2017-0081 REVISED Staff Recommendaiton to Council for June
27th
We accept this staff report and conditions as written.
Thanks,
Kristi
From: Sonya Allen[mailto:sallen@meridiancity.org]
Sent: Thursday, June 22, 2017 4:08 PM
To: Barbara Shiffer <bshiffer@meridiancity.or >; C.Jay Coles <cicoles@meridiancity.org>; Charlene Way
<cwav@meridiancity.or6>; Machelle Hill <mhillCc@meridiancity.org>
Cc: Kristi Watkins <kwatkins@iub.com>
Subject: Howry Sub. 2 - FP H-2017-0081 REVISED Staff Recommendaiton to Council for June 27th
Please replace the staff report 1 sent a few minutes ago with this one. I included a fencing plan submitted by the
applicant.
Kristy— Please provide me with an updated acceptance of the revised staff report.
Thanks,
Sonya Allen I Associate City Planner
City of Meridian I Community Development Department
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-55331 Direct: 208-489-0578 Fax: 208-489-0578
4E IL)RIAM
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