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Tree Farm Sub 2 - FP H-2017-0085 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUB 2 – FP (H-2017-0085) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 38 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 9 COMMON LOTS ON 15.92 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR TREE FARM SUBDIVISION NO. 2 BY: M3 COMPANIES, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0085 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 5, 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. 2, SITUATED IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 06/21/2017, BY CODY M. MCCAMMON, PLS, SHEET 1 OF 8,” is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUB 2 – FP (H-2017-0085) 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 July 5, 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 5 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. 71,17 By action of the City Council at its regular meeting held on the day of b6ly , 2017. eo AUGUST', O z c lly d By. Tamm e eerd Com►' ' E ID�� y IDAHO Mayor, y of Meridian W Attest: z� SEAL '?Of e TR�P�J�� C. ay Cole City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Aa� 114 I ,/- *( i( Dated `7- l U - 1 -?- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TREE FARM SUB 2 — FP (H-2017-0085) Page 3 of 3 Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 1 STAFF REPORT MEETING DATE: July 5, 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. 2 (H-2017-0085) I. APPLICATION SUMMARY The applicant, M3 Companies, LLC, has applied for final plat (FP) approval of thirty-eight (38) single-family residential building lots and nine (9) common lots on approximately 15.92 acres of land in the R-4 and R-8 zoning districts. This is the second phase of the Tree Farm Subdivision. Note: The original final plat application was for 39 single-family lots. The applicant has since revised their plans to 38 single-family lots. II. STAFF RECOMMENDATION Staff recommends approval of the Tree Farm Subdivision No. 2 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-2017-0085 as presented in the staff report for the hearing date of July 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0085, as presented during the hearing on July 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0085 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) Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 2 1087 W. River Street, Suite 310 Boise, ID 83702 D. Agent: JUB Engineers (Kristi Watkins) 250 S. Beechwood Ave. Suite 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts thirty eight (38) single-family residential building lots and nine (9) common lots on 15.92 acres of land, zoned R-4 and R-8. The gross density of the proposed subdivision is 2.44 dwelling units (d.u.) per acre with a net density of 4.54 d.u. per acre. The minimum property size is 6,502 square feet with an average property size of 8,131 square feet (s.f.). 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. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Open space proposed for this phase consists of several passive open space lots, dimensioned 50’ X 100’, collector street buffers and parkways. The open space proposed with this phase is consistent with the overall project open space approved with the preliminary plat, however the calculations do not match the open space proposed for this phase. The applicant shall provide an open space exhibit identifying the open space for this specific phase prior to signature on the final plat. 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 H-2016-0128 (Inst. No. 2017- 035132). 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 June 21, 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 note #5 referencing the development agreement.  Include the missing information from note # 11.  Include the instrument # and date for note number 13.  Include the instrument # for easement note #6 referencing the ACHD storm drain easement instrument number.  Include the instrument # for easement note #7 referencing the ACHD right-of-way easement instrument number. Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 3  Note #1: Replace Lot 5, Block 6 as a called out as a common lot in note #1 and replace with Lot 9, Block 6.  Graphically depict a 20-foot wide common lot along the west boundary of N. Black Cat Road.  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. 5. The landscape plan prepared by Greey, Pickett Landscape Architecture, dated 10/28/2016 shall be revised to show the landscaped area specific to this phase of the development. 6. The applicant shall provide one (1) full size copy of landscape plan and an electronic copy with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. Per UDC 11-3A-17 all parkways shall be eight (8) feet in width, measured from back of curb. 7. The applicant shall provide a stub street and a cross access across the common lot on the west side of N. Black Cat Road in favor of parcel # S0421449000 or the applicant can deed that non- buildable lot to the property owner of parcel #S0421449000. Proof of ownership transfer must be provided at the time of signature on the final plat. 8. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths and pathway lots to distinguish the common areas from the private areas. 9. Future homes/structures constructed in this subdivision shall substantially comply with the sample elevations approved with the preliminary plat. Because homes on lots that back-up to public streets such as N. Tree Crest Drive and N. Black Cat Road (Lots 6-18, Block 6) will be highly visible; the side of any structure that faces the public street on these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Single story homes are exempt from this requirement. 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. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 12. Prior to signature of the final plat by the City Engineer, the applicant shall provide a lette r 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. 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. Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 4 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 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 feat ures 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. Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 5 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. 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. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 6 Exhibit A – Vicinity Map Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 7 Exhibit B – Approved Preliminary Plat Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 8 Exhibit C – Proposed Final Plat Exhibit A Tree Farm Subdivision No. 2 (H-2017-0085) PAGE 9 Exhibit D –Proposed Landscape Plan 1 Joshua Beach From:Kristi Watkins <kwatkins@jub.com> Sent:Thursday, June 29, 2017 4:14 PM To:Joshua Beach Cc:Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject:RE: Revised Tree Farm No. 2 We accept this staff report as written. Thank you, Kristi From: Joshua Beach [mailto:jbeach@meridiancity.org] Sent: Thursday, June 29, 2017 3:24 PM To: Kristi Watkins <kwatkins@jub.com> Cc: Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Subject: Revised Tree Farm No. 2 We’re good. I’ve attached the staff report with that revised condition. Review it and get it back to me and we should be able to get it on the consent still. 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. From: Kristi Watkins [ mailto:kwatkins@jub.com ] Sent: Thursday, June 29, 2017 3:21 PM To: Joshua Beach Cc: Bill Parsons Subject: RE: Tree Farm No. 2 Any word…are we out of time? From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Thursday, June 29, 2017 1:24 PM To: Kristi Watkins < kwatkins@jub.com > Cc: Bill Parsons < bparsons@meridiancity.org > Subject: RE: Tree Farm No. 2 We’ll get back to you on this. 2 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. From: Kristi Watkins [ mailto:kwatkins@jub.com ] Sent: Thursday, June 29, 2017 1:18 PM To: Joshua Beach Subject: RE: Tree Farm No. 2 We agree with the conditions, with the exception of one… Condition 7: The Owner has an agreement with the Doug Carnahan to give him the remnant parcel, so doesn’t really make sense to stub to it from this development. Can we change the wording of the condition to be required to either deed the property to another party or…your suggested wording? Thank you, Kristi From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Thursday, June 29, 2017 9:09 AM To: Kristi Watkins < kwatkins@jub.com > Cc: Barbara Shiffer < bshiffer@meridiancity.org >; C.Jay Coles < cjcoles@meridiancity.org >; Charlene Way <cway@meridiancity.org >; Machelle Hill < mhill@meridiancity.org > Subject: Tree Farm No. 2 Kristi - 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. 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. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 3 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. This e-mail and any attachments involving J-U-B or a subsidiary business may contain information that is confidential and/or proprietary. Prior to use, you agree to the provisions found at edocs.jub.com. If you believe you received this email in error, please reply to that effect and then delete all copies. This e-mail and any attachments involving J-U-B or a subsidiary business may contain information that is confidential and/or proprietary. Prior to use, you agree to the provisions found at edocs.jub.com. If you believe you received this email in error, please reply to that effect and then delete all copies. This e-mail and any attachments involving J-U-B or a subsidiary business may contain information that is confidential and/or proprietary. Prior to use, you agree to the provisions found at edocs.jub.com. If you believe you received this email in error, please reply to that effect and then delete all copies.