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Creason Creek No. 2 H-2018-0037 FP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREASON CREEK SUBDIVISION NO. 2 – FP H-2018-0037 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 15, 2018 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTEEN (13) BUILDING LOT AND TWO (2) COMMON LOTS ON 3.78 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR CREASON CREEK SUBDIVISION NO. 2 BY: ULC MANAGEMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0037 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 15, 2018 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 CREASON CREEK SUBDIVISION NO. 2, LOCATED IN GOVERNMENT LOT 4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 04/25/2018, by CLINTON W. Hansen, PLS, SHEET 1 OF 3,” is conditionally approved subject to those Meridian City Council Meeting Agenda June 5, 2018 – Page 318 of 868 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREASON CREEK SUBDIVISION NO. 2 – FP H-2018-0037 Page 2 of 3 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 15, 2018, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Bob Unger, ULC Management, LLC, 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. Meridian City Council Meeting Agenda June 5, 2018 – Page 319 of 868 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 day of X11 32018. Attest: Jay Cole itv Clerk TED AUGU/ By: Tammy ��de eerd Mayor, City of Meridian /IDAHO SEAL Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:(� v1Q l.lJ Dated:�� ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREASON CREEK SUBDIVISION NO. 2 — FP H-2018-0037 Page 3 of 3 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 1 STAFF REPORT MEETING DATE: May 15, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Creason Creek Subdivision No. 2– FP (H-2018-0037) I. APPLICATION SUMMARY The applicant, ULC Management, LLC, has applied for final plat (FP) approval of 13 single-family residential building lots and 2 common lots on 3.78 acres of land in an existing R-8 zoning district, for Creason Creek Subdivision No. 2. II. STAFF RECOMMENDATION Staff recommends approval of the Creason Creek Subdivision No. 2 final plat 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-2018-0037 as presented in the staff report for the hearing date of May 15, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0037, as presented during the hearing on May 15, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0037 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 near the southeast corner of N. Linder Road and W. Ustick Road, in the NW ¼ of Section 1, Township 3N., Range 1W. B. Applicant/Representative: Bob Unger, ULC Management, LLC 6104 N. Gary Lane Boise, ID 83714 C. Owner: CS2, LLC 8923 W. Hackamore Drive Meridian City Council Meeting Agenda June 5, 2018 – Page 321 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 2 Boise, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts 13 single-family residential building lots and 2 common lots on 3.78 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 3.44 dwelling units (d.u.) per acre and a gross density of 4.04 dwelling units (d.u.) per acre. All of the lots are for single-family buildings and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. The open space provided for this development includes approximately 10% of the site or .55 of an acre of land. The proposed amenities include a picnic shelter, a play structure and benches. 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 overall design of the plat has changes somewhat from the preliminary plat. The applicant has had to modify the location of the stub street to the property located on the corner of SEC of Ustick and Linder Roads due to the location of the floodway. The number of buildable lots and common area is the same as what was approved with the 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 comply with all applicable conditions of approval associated with this site (AZ-15-009; PP-15-014; H-2016-0087; H-2016-0022; and recorded development agreement instrument #2016-019362). 2. The applicant has until November 15, 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. The final plat prepared by Land Solutions, dated 4/25/2018, prepared by Clinton W. Hansen, is approved as shown. 4. The submitted landscape plan prepared by The Land Group, dated 4/02/2018 shall be revised as follows: a. Add plat note: The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. b. The storm drainage pond shall comply with the standards set forth in UDC 11-3B-11. c. The developer shall construct and maintain a ten (10) foot wide multi-use pathway adjacent to the east side of the Creason Lateral as per the Meridian Pathways Master Plan. Lot 12, Block1 shall be designed and constructed in accord with UDC 11-3A-8 and UDC 11-3B-12. The developer shall provide a minimum fourteen (14) foot wide recreational pathway easement covering the pathway route for City Council approval and recordation. Depict 4-foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible from a public street as set forth in UDC 11-3A-8H. d. Prior to signature on the final plat, the applicant shall provide a detailed fence plan and eliminate the wrought iron fencing from encroaching within the floodway. The applicant shall construct 6-foot tall wrought iron fencing on both sides of the Creason Lateral, outside of the floodway. All fencing within the proposed subdivision shall comply with UDC 11-3A-7 and 11-3A-6B. Meridian City Council Meeting Agenda June 5, 2018 – Page 322 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 3 5. 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. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 7. Prior to City Engineer’s signature on the final plat, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. 8. The applicant shall construct single family detached dwellings in accord with the recorded development agreement. 9. The applicant shall receive approval of the street names prior to signature on the final plat. 10. Type II street lights need to meet the required spacing of 260'. 11. Type 1 street lights, 35' in height with an 8' mast are required on Linder Road every 200'. If there are conflicts with utilities and irrigation the developer may enter into a future installation agreement for the required street lighting. 12. A Flood Plain Development Permit is required prior to any earth moving development activity. 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 s hall 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 l etter 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 Meridian City Council Meeting Agenda June 5, 2018 – Page 323 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 4 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 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 Meridian City Council Meeting Agenda June 5, 2018 – Page 324 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 5 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 (dated: 04/23/2015) C. Proposed Final Plat (dated: 04/25/2018) D. Proposed Landscape Plan (dated: 04/04/2018) Meridian City Council Meeting Agenda June 5, 2018 – Page 325 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 6 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda June 5, 2018 – Page 326 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 04/23/2015) Meridian City Council Meeting Agenda June 5, 2018 – Page 327 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 8 Exhibit C – Proposed Final Plat (dated: 04/25/2018) Meridian City Council Meeting Agenda June 5, 2018 – Page 328 of 868 Exhibit A Creason Creek Subdivision No. 2– FP (H-2018-0037) PAGE 9 Exhibit D – Proposed Landscape Plan (dated: 04/02/2018) Meridian City Council Meeting Agenda June 5, 2018 – Page 329 of 868 ULC MANAGEMENT ···· 6104 N. GARY LANE ···· BOISE , IDAHO 83714 (208) 861-5220 ···· BUNGER @ULCMANAGEMENT .COM TO: Meridian City Council 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: May 9, 2018 RE: Response to Staff Report for FP-H-2018-00327 – Creason Creek No. 2 We have reviewed the Staff Report and concur with the report and agree with the Conditions of Approval. We look forward to working with you and your staff on this project and request your approval. If you have any questions or concerns please contact me at (208) 861-5220. Sincerely, Robert C. Unger Manager Meridian City Council Meeting Agenda June 5, 2018 – Page 330 of 868