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Bainbridge Hess Subdivision No. 2 Order H-2018-0058 FP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE HESS SUBDIVISION NO. 2 – FP H-2018-0058 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 17, 2018 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 49 BUILDING LOTS AND 8 COMMON LOTS ON 13.05 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE HESS SUBDIVISION NO. 2 BY: DALLAS HESS, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0058 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 17, 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 BAINBRIGE HESS SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 5/15/2018, by AARON L. BALLARD, PLS, SHEET 1 OF 4,” is Meridian City Council Meeting Agenda August 7, 2018 – Page 274 of 572 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE HESS SUBDIVISION NO. 2 – FP H-2018-0058 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 17, 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 Kameron Nauahi, Brighton Corporation, 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 August 7, 2018 – Page 275 of 572 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 �h day of �cUCU , 2018. Z Tammy 9Q°RPEo AVGt,sr, Mayor, CK of Meridian Attest: a ay Coles � AL v Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:01p)b�Om Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE HESS SUBDIVISION NO.2 — FP H-2018-0058 Page 3 of 3 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 1 STAFF REPORT MEETING DATE: July 17, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bainbridge Hess Subdivision No. 2 – FP (H-2018-0058) I. APPLICATION SUMMARY The applicant, Dallas Hess, Inc., has applied for final plat (FP) approval of 49 single-family residential building lots and 8 common lots on 13.05 acres of land in the R-8 zoning district for the second phase of Bainbridge Hess Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Hess 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-2018-0058 as presented in the staff report for the hearing date of July 17, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0058, as presented during the hearing on July 17, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0058 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 approximately ¼ mile south of W. Chinden Blvd. and east of N. Black Cat Rd., in a portion of the west ½ of the northwest ¼ of Section 27, T. 3N., R. 1W. B. Applicant: Dallas Hess, Inc. 6948 Spurwing Way Meridian, Idaho 83642 C. Owner: Same as Applicant EXHIBIT A Meridian City Council Meeting Agenda August 7, 2018 – Page 277 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 2 D. Representative: Kameron Nauahi, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 49 building lots and 8 common lots on 13.05 acres of land in the R-8 zoning district. The minimum property size in this phase is 6,887 square feet (s.f.) with an average size of 8,377 s.f. This property was included in the preliminary plat for Bainbridge Subdivision (PP -13-001) and is actually the 11th phase of development of Bainbridge Subdivision (including Bainbridge Park and Bainbridge Hess #1 subdivision final plats). Because it’s under different ownership, the developer is phasing it in separately under the name Bainbridge Hess Subdivision. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-011) as required by UDC 11-6B-3D.2. There are 4 additional building lots than shown on the approved preliminary plat for this phase; the amount of qualified open space is the same although there is an additional 22,225 square feet (or 0.51 of an acre) of common area provided with this phase that wasn’t included on the preliminary plat. Because the total number of overall building lots (i.e. 464) shown on final plat applications to date has not yet exceeded the total amount approved with the preliminary plat (i.e. 552), Staff deems the proposed final plat in substantial compliance with the approved preliminary plat as required. However, at the point more building lots are proposed than were approved with the preliminary plat, lots will either need to be decreased in accord with that approved or, a new preliminary plat for the remaining area will be required; additional common open space should also be added to equal that required to be provided with the preliminary plat (i.e. 31.66 acres or 16.55%). Note: Because the number of building lots increased and the area of qualified open space decreased on previous final plat phases, the applicant was required to submit an updated conceptual plat with the 6th phase of development depicting what’s already been platted and planned to be platted in future phases to ensure overall substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C (see Exhibit E). The concept plan depicts a total of 571 building lots (including the 9 lots in the Trilogy preliminary plat), which leaves 10 lots that are over the amount included in the preliminary plat. These extra lots are the result of reductions in the width of lots based on market adjustments. The applicant states they will apply for a new preliminary plat that will include the extra lots as they get closer to Ten Mile Road and the LDS Church site. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation [AZ-05-058, Development Agreement #106141058 (Keego Springs Subdivision)] and preliminary plat (PP-13-011) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the previous phase final plat 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 KM Engineering, stamped on 5/15/18 by Aaron L. Ballard, shall be revised as follows: Meridian City Council Meeting Agenda August 7, 2018 – Page 278 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 3 a. Note #14: Include the recorded instrument number. b. Coordinate with the entity having jurisdiction over the existing 15-inch diameter gravity, and 6-inch diameter pressurized irrigation pipes along the east side of Lots 4-12, Block 6 to determine the width of the easement needed for these facilities and depict such on the plat. Also, include in a note the name of the entity having jurisdiction over the easement. c. Irrigation easements wider than 10 feet are required to be included in a common lot that is a minimum of 20-feet wide and outside of a fenced area, unless otherwise modified by City Council at a public hearing with notice to surrounding property owners, as set forth in UDC 11-3A-6D. This applies to the easement noted above in condition #4.b. If Council grants a waiver, a letter from the easement holder needs to be submitted consenting to the easement being located within building lots, rather than a common lot. 5. The landscape plan prepared by KM Engineering, dated 5/15/18, shall be revised as follows: b. Fencing is required to be constructed by the developer abutting pathways and common open space lots to distinguish common from private areas per the standards listed in UDC 11 -3A-7A.7; include fencing details. 6. The common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment; and shall be straight or provide a 28’ inside and 48’ outside turning radius of per UDC 11-6C-3D.4. 7. A perpetual ingress/egress easement for the common driveway 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 per UDC 11-6C-3D.8. 8. All fencing installed on the site must be consistent with the standards listed in UDC 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. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 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 perfor mance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Meridian City Council Meeting Agenda August 7, 2018 – Page 279 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 4 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 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. Meridian City Council Meeting Agenda August 7, 2018 – Page 280 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 5 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 Sur veyor. 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. Preliminary Plat (dated: 6/30/14) C. Proposed Final Plat (dated: 5/15/18) D. Proposed Landscape Plan (dated: 5/15/18) E. Updated Development Plan with Qualified Open Space Exhibit (dated: 8/15/17) F. Common Driveway Exhibit Meridian City Council Meeting Agenda August 7, 2018 – Page 281 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 6 Meridian City Council Meeting Agenda August 7, 2018 – Page 282 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda August 7, 2018 – Page 283 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 8 Exhibit B – Preliminary Plat (dated: 6/30/14) Meridian City Council Meeting Agenda August 7, 2018 – Page 284 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 9 Exhibit C – Proposed Final Plat (dated: 5/15/18) Meridian City Council Meeting Agenda August 7, 2018 – Page 285 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 10 Meridian City Council Meeting Agenda August 7, 2018 – Page 286 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 11 Exhibit D – Proposed Landscape Plan (dated: 5/15/18) Meridian City Council Meeting Agenda August 7, 2018 – Page 287 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 12 Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 5/3/18) Note: Single-family lot count includes 9 lots that were included in the preliminary plat for Trilogy Subdivision that were obtained by this developer that were not within the boundary of the subject preliminary plat. Meridian City Council Meeting Agenda August 7, 2018 – Page 288 of 572 Bainbridge Hess Subdivision No. 2 – FP H-2018-0058 13 Exhibit F: Common Driveway Exhibit Meridian City Council Meeting Agenda August 7, 2018 – Page 289 of 572