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Pine 43 Subdivision No. 1 Order H-2018-0073 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PINE 43 SUBDIVISION NO. 1 – FP H-2018-0073 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 24, 2018 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 68 BUILDING LOTS AND 5 COMMON LOTS ON 10.52 ACRES OF LAND IN THE R- 15 ZONING DISTRICT FOR PINE 43 SUBDIVISION NO. 1 BY: DAN TORFIN, C & O DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0073 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 24, 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 PINE 43 SUBDIVISION NO. 1, SITUATED IN THE NORTHWEST QUARTER SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: MAY 25, 2018, by MICHAEL S. BYRNS, PLS, SHEET 1 OF 8,” is conditionally approved subject to those Meridian City Council Meeting Agenda August 7, 2018 – Page 357 of 572 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PINE 43 SUBDIVISION NO. 1 – FP H-2018-0073 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 July 24, 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 Kristi Watkins, J-U-B Engineers, Inc., 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 358 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 day of �V�� , 2018. �QED AUG o�Pt�sl, G� i90 = City of By. ,,� P,IDIAN*- Tammy de e d `. IDAHO Mayor,Vf Meridian Attest: s� S AL �yT Oft TREP`'J�4i f C./ay Coles Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:� lwa Dated: %� /740 1 0 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PINE 43 SUBDIVISION NO. 1— FP H-2018-0073 Page 3 of 3 Pine 43 Subdivision No. 1 – FP H-2018-0073 1 STAFF REPORT MEETING DATE: July 24, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Pine 43 Subdivision No. 1 – FP (H-2018-0073) I. APPLICATION SUMMARY The applicant, Dan Torfin, C & O Development, has applied for a final plat (FP) consisting of 68 building lots and 5 common lots on 10.52 acres of land in the R-15 zoning district for the first phase of Pine 43 Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Pine 43 Subdivision No. 1 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-2018-0073 as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0073, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0073 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 north of E. Pine Ave. and east of N. Locust Grove Rd., in the NW ¼ of Section 8, Township 3N., Range 1E. B. Applicant: Dan Torfin, C & O Development 250 S. Beechwood Ave., Ste. 120 Boise, Idaho 83709 C. Owners: C & O Development 250 S. Beechwood Ave., Ste. 120 Boise, ID 83709 EXHIBIT A Meridian City Council Meeting Agenda August 7, 2018 – Page 360 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 2 D. Representative: Dan Torfin, C & O Development 250 S. Beechwood Ave., Ste. 120 Boise, Idaho 83709 V. STAFF ANALYSIS The proposed final plat depicts 68 building lots for single-family residential detached homes and 5 common lots on 10.52 acres of land in the R-15 zoning district. The minimum property size in this phase is 3,276 square feet (s.f.) with an average size of 3,755 s.f. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as required by UDC 11-6B-3D.2. The number of building lots and common area is the same. Therefore, Staff deems the final plat(s) to be in substantial compliance with the approved preliminary plat as required. Note: The Applicant states that they are in the process of getting ready to start work on the roundabout in Pine Ave., infrastructure is underway and includes pressurized irrigation. ACHD has approved their plans and they’ll be submitting a landscape plan to the City for review along with a sign permit application for the Pine 43 sign within the roundabout. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-07-006), Development Agreement (Inst. #108022893, amended Inst. #2018-000751), rezone and preliminary plat (H-2017-0058) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of approval of the preliminary 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 Michael S. Byrns, J-U-B Engineers, Inc., dated 5/25/18 shall be revised as follows: a. Re-name “E. un-named Drive” per the street name approval letter b. Note #3: Correct the spelling of “City” c. Note #4: “. . . from the health authority and the City of Meridian.” d. Note #7: Populate the placeholders “some date” and “some depth” e. Note #9: Include recorded instrument number f. Note #10: Include recorded instrument number g. Note #11: Include recorded instrument number h. Note #12: Include recorded instrument number i. Easement note #4: Include recorded instrument number j. Easement note #5: Include recorded instrument number k. Easement note #6: Include recorded instrument number l. Reference Document note at the bottom of Sheet 6 – complete deed and easement information Meridian City Council Meeting Agenda August 7, 2018 – Page 361 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 3 5. The landscape plan prepared by Breckon Land Design, dated 6/20/18, is approved as submitted. 6. Design of homes constructed within the subdivision shall be generally consistent with the conceptual building elevations included in the development agreement. 7. Because the rear and/or sides of 2-story homes constructed on lots that abut E. State Ave., a collector street, will be highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single-story structures are exempt from this requirement. 8. Pine Avenue and the roundabout shall be landscaped in accordance with the approved plan (yet to be submitted) prior to issuance of Certificate of Occupancy permits per the Development Agreement. 9. 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. 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 building permits, 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 develop ment. 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 Meridian City Council Meeting Agenda August 7, 2018 – Page 362 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 4 an application for surety, which can be found on the Community Development Department web site. 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 dr ainage 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. Meridian City Council Meeting Agenda August 7, 2018 – Page 363 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 5 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/Zoning Map B. Preliminary Plat (dated: 8/28/17) C. Proposed Final Plat (dated: 5/25/18) D. Proposed Landscape Plan (dated: 6/20/18) Meridian City Council Meeting Agenda August 7, 2018 – Page 364 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda August 7, 2018 – Page 365 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 7 Exhibit B – Preliminary Plat (dated: 8/28/17) Meridian City Council Meeting Agenda August 7, 2018 – Page 366 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 8 Exhibit C – Proposed Final Plat (dated: 5/25/18) Meridian City Council Meeting Agenda August 7, 2018 – Page 367 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 9 Meridian City Council Meeting Agenda August 7, 2018 – Page 368 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 10 Meridian City Council Meeting Agenda August 7, 2018 – Page 369 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 11 Meridian City Council Meeting Agenda August 7, 2018 – Page 370 of 572 Pine 43 Subdivision No. 1 – FP H-2018-0073 12 Exhibit D – Proposed Landscape Plan (dated: 6/20/18) Meridian City Council Meeting Agenda August 7, 2018 – Page 371 of 572