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Sky Mesa Commons Subdivision No. 2 FP H-2019-0012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA SUB 2 – FP H-2019-0012 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 26, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF ONE (1) COMMON LOT ON 1.87 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR SKY MESA SUBDIVISION NO. 2 BY: BRECKON LAND DESIGN APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on February 26, 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 SKY MESA COMMONS SUBDIVISION NO. 2, LOCATED IN A PORTION OF LOT 10, BLOCK 3, BLACKROCK SUBDIVISION NO. 1, LOCATED IN THE SE ¼ OF SECTION 32, TOWNSHIP 3N., RANGE 1E., BM, CITY OF MERIDIAN, ADA COUNTY, Meridian City Council Meeting Agenda March 12, 2019 – Page 82 of 480 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA SUB 2 – FP H-2019-0012 Page 2 of 3 IDAHO, 2018, HANDWRITTEN DATE: 11/12/2018, by CLINTON W. HANSEN, PLS, SHEET 1 OF 3,” 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 February 26, 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 Jon Breckon, Breckon Land Design, 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 Meridian City Council Meeting Agenda March 12, 2019 – Page 83 of 480 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 -kv-) day of Ha 2019. City Clerk In LSoe-60rton, Cou n ci I Przfti olen� Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:Orvbukr4 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA SUB 2 — FP H-2019-0012 Page 3 of 3 -12-9-019 EXHIBIT A Page 1 HEARING DATE: 2/26/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0012 Sky Mesa Subdivision No. 2 LOCATION: 5689 S. Montague Way, in the SE ¼ of Section 32, T.3N., R.1E. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of one (1) common lot on 1.87 acres of land in the R-4 zoning district for the second phase of Sky Mesa Subdivision. II. APPLICANT INFORMATION A. Applicant: Jon Breckon, Breckon Land Design – 6661 N. Glenwood St., Garden City, ID 83714 B. Owner: Sky Mesa East, LLC – 729 S. Bridgeway Pl., Eagle, ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS 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. Because the amount of common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. This property is proposed to develop with a neighborhood park for the residents of Sky Mesa Subdivision. The following amenities are proposed within the park: a swimming pool, pool house with restrooms, a shaded picnic area, a tot lot with a swing set, a basketball court, an open field for soccer and other recreational activities, walkways throughout the park and vehicle parking for the STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda March 12, 2019 – Page 85 of 480 Page 2 park. All development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district as follows: a. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to be installed in accord with the standards listed in UDC 11-3A-7. Six-foot tall wrought iron fencing is depicted around the swimming pool in accord with UDC standards. b. Pathways (UDC 11-3A-8, 11-3B-12) All pathways are required to be constructed per the standards listed in UDC 11-3A-8. Pathways are proposed throughout the common area. Landscaping is required adjacent to the pathway per the standards listed in UDC 11-3B-12C. Trees are required within the 5-foot wide landscape strip along the pathway at a minimum of one (1) tree per 100 lineal feet of pathway. Although the total number of trees required are depicted on the plan, they should be relocated to comply with UDC standards (1 every 100’+/- of pathway). IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Meridian City Council Meeting Agenda March 12, 2019 – Page 86 of 480 Page 3 V. EXHIBITS A. Preliminary Plat (date: 7/6/2017) Meridian City Council Meeting Agenda March 12, 2019 – Page 87 of 480 Page 4 B. Final Plat (date: 11/12/2018) Meridian City Council Meeting Agenda March 12, 2019 – Page 88 of 480 Page 5 C. Landscape Plan (dated: 12/11/18) Meridian City Council Meeting Agenda March 12, 2019 – Page 89 of 480 Page 6 Meridian City Council Meeting Agenda March 12, 2019 – Page 90 of 480 Page 7 VI. 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-2017-0068, Development Agreement #2017-119308). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the previous phase final plat (on or before November 21, 2020), 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 Land Solutions stamped on 11/12/2018 by Clinton W. Hansen, is approved as submitted. 5. The landscape plan prepared by Breckon Land Design, dated 12/11/18, shall be revised as follows: a. Depict trees within the 5-foot wide landscape strip along the pathways within the site as set forth in UDC 11-3B-12C (a minimum of one tree per every 100 feet of lineal pathway is required – no evergreen or Class III trees are allowed). Per the calculations in the Landscape Requirements table for pathways, the total number of trees proposed per total linear feet of pathway meet UDC standards but the trees need to be spaced out one per every 100’ approximately. 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 for compliance. B. Public Works General Conditions: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda March 12, 2019 – Page 91 of 480 Page 8 8. All grading of the site shall be performed in conformance with MCC 11-1-4B. 9. 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. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 13. 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. 14. 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. 15. 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. 16. 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 March 12, 2019 – Page 92 of 480 From:Jon Breckon To:Sonya Allen; C.Jay Coles; Charlene Way; Chris Johnson Cc:Tyler Chambers Subject:RE: Sky Mesa Sub. 2 - FP H-2019-0012 Staff Report for Feb. 26th Council Mtg Date:Friday, February 22, 2019 8:02:31 AM Attachments:image006.png Sonya, This looks fine. We will get the tree locations adjusted. Thank you, Jon Jon Breckon MAIN (208) 376-5153 x102 | CELL (208)949-5153 BRECKONlanddesign.com From: Sonya Allen <sallen@meridiancity.org> Sent: Thursday, February 21, 2019 9:38 AM To: C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Jon Breckon <jbreckon@breckonld.com> Subject: Sky Mesa Sub. 2 - FP H-2019-0012 Staff Report for Feb. 26th Council Mtg Importance: High Attached is the staff report for the proposed final plat for Sky Mesa Sub. 2. This item is scheduled to be on the City Council agenda on February 26th . The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Jon - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me by 3:00 pm the Thursday prior to the meeting (if possible at this late hour). If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 EXHIBIT B Meridian City Council Meeting Agenda March 12, 2019 – Page 93 of 480 Built for Business, Designed for Living 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. Meridian City Council Meeting Agenda March 12, 2019 – Page 94 of 480