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Little Creek H-2018-0136 FP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LITTLE CREEK SUBDIVISION NO. 1 – MFP H-2018-0136 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JANUARY 22, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT MODIFICATION TO RELOCATE THE COMMON LOT THAT HOUSES THE CLUBHOUSE AND POOL NEAR THE LOCUST GROVE ENTRANCE AND TO INCLUDE MORE BUILDABLE LOTS IN THE FIRST PHASE FOR LITTLE CREEK SUBDIVISION NO. 1. BY: LITTLE CREEK PARTNERS, LLC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0136 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on January 22, 2019 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 LITTLE CREEK SUBDIVISION NO. 1, LOCATED IN A PORTION OF LOTS 19 AND 20 OF PLEASANT VALLEY Meridian City Council Meeting Agenda February 5, 2019 – Page 207 of 736 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LITTLE CREEK SUBDIVISION NO. 1 – MFP H-2018-0136 Page 2 of 3 SUBDIVISION, SITUATED IN THE NW 1/4 OF SECTION 8, TOWNSHIP 3N., RANGE 1E., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 7/10/18, by MICHAEL S. BYRNS, PLS, SHEET 1 OF 7,” is 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 January 22, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Wendy Shrief, 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 Meridian City Council Meeting Agenda February 5, 2019 – Page 208 of 736 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 �Pk�rllQ�l� , 2019. ,641', By: Tammy de erd Mayor, Ci of Meridian Attest: 1_"_ City or w E IDIANt,.- ay Cole-sU N.ZAHO City Clerk �`� SEAL 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 LITTLE CREEK SUBDIVISION NO. 1 — MFP H-2018-0136 Page 3 of 3 day of EXHIBIT A Page 1 HEARING DATE: 1/22/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0136 Little Creek No. 1 LOCATION: East side of N. Locust Grove Rd. on the south side of E. Wilson Lane in the NW ¼ of Section 8, Township 3N, Range 1E. (Parcel Nos. R7104253810 and R7104253850). I. PROJECT DESCRIPTION Final plat modification to include more buildable lots in the first phase and relocate the common lot that houses the clubhouse and pool near the Locust Grove entrance consistent with the approved CUP modification. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda February 5, 2019 – Page 210 of 736 EXHIBIT A Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 8.19 Future Land Use Designation High Density Residential (HDR) (15-40 units/acre) Existing Land Use Undeveloped Proposed Land Use(s) Multi-family residential Current Zoning R-40 Lots (# and type; bldg/common) Originally proposed plat for this phase: 29 total lots; 24 bldg/4 common Currently proposed plat for this phase: 34 total lots; 29 bldg/5 common Phasing plan (# of phases) Two phases Number of Residential Units (type of units) 24 Fourplexes Density (gross & net) 11.72 gross/6.38 net Open Space (acres, total [%] / buffer / qualified) Overall amenities and open space is consistent with DA and is allowed to relocate in accord with UCD 11-6B-3C- 2a(3) Amenities Physical Features (waterways, hazards, flood plain, hillside) Settlers Canal crosses the southern part of Little Creek Nos. 1 and 2 History (previous approvals) H-2016-0076 (DA Inst. No. 2016-109494); H-2017-0067; A-2017-0157; A-2018-0013 Meridian City Council Meeting Agenda February 5, 2019 – Page 211 of 736 EXHIBIT A Page 3 B. Project Area Maps III. APPLICANT INFORMATION A. Owner/Applicant: Erik Pilegard, Little Creek Partners 2452 Bayview Avenue Carmel, CA 93923 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 5, 2019 – Page 212 of 736 EXHIBIT A Page 4 B. Representative: Wendy Shrief, JUB Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise, ID 83709 IV. STAFF ANALYSIS The applicant is requesting to modify the final plat approved with File No. H-2017-0067. The original plat for Little Creek Subdivision No. 1 included a total of twenty-four (24) multi-family residential building lots and four (4) common/other lots on 8.19 acres of land. The new plat depicts a total of thirty- four (34) lots, with twenty-nine (29) building lots and five (5) common lots. The applicant is requesting to relocate the open space that houses the clubhouse and swimming pool from the northeast corner of the site (Phase 1 of the development) to the northwest part of the site near the Locust Grove entrance (Phase 2). This revision will be consistent with the CUP modification (MCU) and the CZC that was approved in 2018. The CZC has been approved and construction has already commenced for this development because the applicant was not required to record a final plat prior to construction. During the public hearing for the original CUP (H-2016-0076) the applicant was proposing two (2) accesses off of Wilson Lane. A modification to the proposed site plan occurred during the public hearing because ACHD wanted the site to take access off of Locust Grove instead of having both accesses on Wilson Lane. The relocation of the open space is proposed so the clubhouse and pool can be located closer to the Locust Grove entrance as this will be the main access and the focal point of the development. Note: The applicant was approved to develop this project in two (2) phases. As noted above, a subsequent MCU and CZC has been approved to allow the applicant to develop the project in one (1) phase (see Exhibit VI.E). The City has already approved a final plat for this project. With the approval of the final plat, a common lot, not buildable lots, was shown in the current location approved with the conditional use permit (shown in Exhibit VI.A). A condition of approval for the MCU and CZC was that the applicant process and obtain approval of a final plat modification application to relocate the open space as proposed and increase the number of buildable lots for the proposed four-plex structures with the first phase. Staff has reviewed the open space exhibit provided with this application and has determined by relocating the open space, the site still complies with the open space standards of the UDC and the recorded development agreement. The development still has fifty-one (51) buildable lots as approved with the preliminary plat. If approved, Little Creek Subdivision No. 1 will contain twenty-nine (29) buildable lots and five (5) common lots. V. DECISION A. Staff: Staff supports the modifications to the approved plat for Little Creek No. 1, as proposed by the applicant. Staff recommends approval per the conditions in Exhibit VII. Meridian City Council Meeting Agenda February 5, 2019 – Page 213 of 736 EXHIBIT A Page 5 VI. EXHIBITS A. Previously Approved Final Plat (dated: 2017) Common lot to be relocated to Little Creek No. 2; replaced with 4 bldg. lots and 2 common lots Meridian City Council Meeting Agenda February 5, 2019 – Page 214 of 736 EXHIBIT A Page 6 Meridian City Council Meeting Agenda February 5, 2019 – Page 215 of 736 EXHIBIT A Page 7 Meridian City Council Meeting Agenda February 5, 2019 – Page 216 of 736 EXHIBIT A Page 8 Meridian City Council Meeting Agenda February 5, 2019 – Page 217 of 736 EXHIBIT A Page 9 B. Revised/Proposed Final Plat (date: 7/10/2018) Common lot to be relocated to Little Creek No. 2; replaced with 4 bldg. lots and 2 common lots Meridian City Council Meeting Agenda February 5, 2019 – Page 218 of 736 EXHIBIT A Page 10 Meridian City Council Meeting Agenda February 5, 2019 – Page 219 of 736 EXHIBIT A Page 11 Meridian City Council Meeting Agenda February 5, 2019 – Page 220 of 736 EXHIBIT A Page 12 Meridian City Council Meeting Agenda February 5, 2019 – Page 221 of 736 EXHIBIT A Page 13 C. Previously Approved Landscape Plan (date: 4/27/2017) Meridian City Council Meeting Agenda February 5, 2019 – Page 222 of 736 EXHIBIT A Page 14 D. Proposed Landscape Plan (date: 3/26/2018) Meridian City Council Meeting Agenda February 5, 2019 – Page 223 of 736 EXHIBIT A Page 15 E. Site Plan Approved with CZC (date: 11/8/2017) Meridian City Council Meeting Agenda February 5, 2019 – Page 224 of 736 EXHIBIT A Page 16 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2016-0076, DA Inst. No. 2016-109494; H-2017-0067; A-2017-0157; A- 2018-0013). 2. The applicant shall obtain the City Engineer’s signature on the final plat by October 4, 2019, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The modified final plat prepared by J-U-B Engineers, Inc., stamped on 7/10/18 by Michael S. Byrns, included in Exhibit VI.B shall be revised as follows: a. Note #1: Include Lot 29, Block 1 as a common lot to be owned and maintained by the Little Creek Subdivision Homeowner’s Association b. Note #12: Include the recorded instrument number of the ACHD License Agreement. c. Note #13: Include the recorded instrument number of the license agreement for the Nampa Meridian Irrigation District. d. Note #14: Include the recorded instrument number of the development agreement (Inst. No. 2016-109494). e. Easement Note #1: If applicable, revise note to include Lot 29, Block 1 as having a utility easement co-situated. f. Easement Note #8: Include the recorded instrument number for the Settler’s Irrigation Easement. g. Easement Note #10: Include the recorded instrument number for the existing Turn Around Easement. h. Easement Note #11: Include the recorded instrument number for the existing Meridian Sewer & Water Easement. 5. The landscape plan prepared by TTKLA, PLLC, dated 6/1/18 stamped by Terry T. King, included in Exhibit VI.D shall be revised as follows: a. Lot 29, Block 1 shall be landscaped in accord with UDC 11-3G-3E. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one deciduous shade tree per 8,000 square feet as set forth in UDC 11- 3G-3E. b. Revise to include three (3) trees to the north of Lot 5 as approved with CZC (A-2017- 0157). 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility f or compliance. B. Public Works - General Conditions: Meridian City Council Meeting Agenda February 5, 2019 – Page 225 of 736 EXHIBIT A Page 17 General Conditions: 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 inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Meridian City Council Meeting Agenda February 5, 2019 – Page 226 of 736 EXHIBIT A Page 18 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. Meridian City Council Meeting Agenda February 5, 2019 – Page 227 of 736 EXHIBIT A Page 19 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 addressed 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. Meridian City Council Meeting Agenda February 5, 2019 – Page 228 of 736 From:Wendy Shrief To:Stephanie Leonard Cc:Chris Johnson Subject:Little Creek Final Plat Modification Date:Friday, January 18, 2019 12:37:10 PM Attachments:image001.png Stephanie,   I am in agreement with the conditions of the staff report and I would like to request that the project be places on the consent agenda.   Thanks,   Wendy   Wendy Kirkpatrick Shrief, AICP Planner J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 e wshrief@jub.com w www.jub.com p 208 376 7330 c 208 559 1760   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 on the Electronic Documents/Data License, which can be accessed from the footer on the J-U-B home page. If you believe you received this email in error, please reply to that effect and then delete all copies. Meridian City Council Meeting Agenda February 5, 2019 – Page 229 of 736