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Forty Three North SUB- FP H-2017-0119ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FORTY THREE NORTH SUBDIVISION - FP H-2017-0119 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY ONE 21) BUILDING LOTS AND FOUR 4) COMMON LOTS ON 1.81 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR FORTY- THREE NORTH SUBDIVISION BY: KGA DEVELOPMENT APPLICANT CASE NO. H-2017-0119 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 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 FORTY THREE NORTH SUBDIVISION, LOCATED IN A PORTION OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 8/10/2017, by DEAN BRIGGS, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FORTY THREE NORTH SUBDIVISION - FP H-2017-0119 Page 2 of 3 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 September 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 Sabrina Durtschi, Briggs Engineering, 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 U-4- , 2017. QoVLpJEQ AUGUST mo y: c icy or w e W C.VI E IDIAN-Mapor, CitIDAHOayor, SEAL Pv r e TREPSJ J Clay Col Us City Clerk I q P, day of Copy served upon the Applicant; Planning and Development Services Divisions of the Community Development Department and City Attorney. By: (} Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FORTY THREE NORTH SUBDIVISION - FP H-2017-0119 Page 3 of 3 EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 1 STAFF REPORT MEETING DATE: September 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: Forty Three North Subdivision – FP H-2017-0119 I. APPLICATION SUMMARY The applicant, KGA Development, has applied for final plat (FP) approval of 21 single-family residential building lots and 4 common lots on 1.81 acres of land in the R-15 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Forty Three North Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0119 as presented in the staff report for the hearing date of September 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0119, as presented during the hearing on September 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0119 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 1318 NE 4th Street, in the NW ¼ of Section 7, Township 3 North, Range 1 East. B. Applicant/Owner: KGA Development, Inc. 3843 Daisy Creek Street Meridian, ID 83642 C. Representative: Sabrina Durtschi, Briggs Engineering 1800 W. Overland Road Meridian, ID 83705 EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts 21 single-family residential building lots and 4 common lots on 1.81 acres of land in the R-15 zoning district. The gross density of the proposed subdivision is 11.29 dwelling units (d.u.) per acre. The average lot size is 2,658 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Because this property is below 5 acres in size, qualified open space and site amenities were not required to be provided as set forth in UDC 11-3G-3. 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 building lots and common area is the same; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat (H-2017-0041; Development Agreement Inst. No. 2017-066045) for this property. 2. The applicant shall obtain the City Engineer’s signature on the final plat by January 5, 2019; 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 Briggs Engineering, Inc., dated 8/10/17 by Dean W. Briggs shall be revised as follows: a. Note #1: Include the applicable instrument #. b. Note #5: Include the applicable instrument #. c. Change the wording of the Approval of Meridian City Engineer to reference Meridian. d. Add the following note: The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. e. 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. Construct fencing as proposed. The developer is responsible for the construction of the fencing. 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. 5. 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 as set forth in UDC 11-6C-3D.8. 6. A DES application is required to be submitted prior to issuance of building permits for the single- family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations along NE 4th Street for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 3 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. A street light plan will need to be included with the Land Development Plan Submittal. 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. 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 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 EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 4 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. 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. EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 5 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/Zoning Map B. Approved Preliminary Plat (dated: 8/10/17) C. Proposed Final Plat (dated: 6/9/2017) D. Proposed Landscape Plan (dated: 6/12/2017) EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 10/28/16) EXHIBIT A Forty-Three North Subdivision - FP H-2017-0119 PAGE 8 Exhibit C – Proposed Final Plat (dated: 8/10/17) 1 Joshua Beach From:Sabrina Durtschi <sabrinaw@briggs-engineering.com> Sent:Thursday, August 31, 2017 10:16 AM To:Joshua Beach Subject:Re: 43 north sub Yes, Josh, we are in agreement with the staff report, please put it on the consent agenda. Thanks! Sabrina On Thu, Aug 31, 2017 at 8:55 AM, Joshua Beach < jbeach@meridiancity.org > wrote: Sabrina, are you now comfortable with the conditions on this so we can get it on the consent 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. Sabrina Durtschi Briggs Engineering Planning Project Manager 2 1800 W Overland Road Boise, Idaho 83705 208-344-9700