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Third Steet Square Subdivision FP H-2019-0009 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (THIRD STREET SQUARE – FILE #H-2019-0009) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 5, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 7 BUILDING LOTS AND 1 COMMON LOT ON 1.74 ACRES IN THE OLD TOWN ZONING DISTRICT FOR THIRD STREET SQUARE SUBDIVISION. BY: TRENTEN SELTZER APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0009 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 5, 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 THIRD STREET SQUARE SUBDIVISION, LOCATED IN THE SE ¼ OF THE SW ¼ OF SECTION 7, TOWNSHIP 3N., RANGE 1E., MERIDIAN, ADA COUNTY, IDAHO, by Nathan J. Dang, PLS, SHEET 1 OF 3,” is conditionally approved subject to those Meridian City Council Meeting Agenda March 19, 2019 – Page 202 of 652 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (THIRD STREET SQUARE – FILE #H-2019-0009) 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 March 5, 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 Penelope Constantikes, 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 March 19, 2019 – Page 203 of 652 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 ( 1 '44" day of Hox '(.y 1 12019. 1.1 Tammy de W&fd �QOaPTED AUa,dP Mayor, City of Meridian Attest: r v��' � _ �/ nPW 1OAIN, O C ay Coles SEAL Clerk `�2, Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:e 0 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (THIRD STREET SQUARE — FILE #H-2019-0009) Page 3 of 3 -1q-A019 EXHIBIT A Page 1 HEARING DATE: 3/5/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0009 Third Street Square Subdivision LOCATION: 324 NE 3rd Street, in the SE ¼ of the SW ¼ of Section 7, Township 3N., Range 1E. I. PROJECT DESCRIPTION The applicant, Trenten Seltzer, has applied for final plat approval of seven (7) building lots and one (1) common lot on 1.74 acres of land in an O-T zoning district. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant: Trenten Seltzer, Member, TTS Idaho LLC. 3072 Wildflower Drive Encinitas, CA 92024 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 1.74 Lots (# and type; bldg/common) 8 total; 7 building, 1 common Phasing plan (# of phases) 1 Number of Residential Units (type of units) 28 apartment units Physical Features (waterways, hazards, flood plain, hillside) Hunter Lateral History (previous approvals) H-2016-0031; A-2018-0121; A-2017-0115; A-2015-0090 Meridian City Council Meeting Agenda March 19, 2019 – Page 205 of 652 Page 2 B. Owner: TTS Idaho LLC. 3072 Wildflower Drive Encinitas, CA 92024 C. Representative: Penelope Constantikes, Riley Planning Services, LLC. PO Box 405 Boise, ID 83701 IV. STAFF ANALYSIS The proposed final plat depicts seven (7) building lots for multi-family four-plexes and one (1) common lot on 1.74 acres of land in the O-T zoning district for the Third Street Square Subdivision. 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 number of buildable lots and 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. NOTE: A preliminary plat was approved in 2016 (H-2016-0031). A one-year time extension was approved by the Director in 2018 (A-2018-0121) to extend the time needed to obtain the City Engineer’s signature on the final plat until June 21, 2019. A. Existing Structures/Site Improvements: The subject site received CZC and DES approval to construct a 28-unit multi-family development in 2015 (A-2015-0090). Construction of the complex is complete and the applicant is working toward obtaining Certificate of Occupancy for the buildings. B. Sidewalks (UDC 11-3A-17): The applicant was required to install 5-foot sidewalk with CZC approval; in 2017 the Director approved Alternative Compliance (A-2017-0115) to allow for the construction of the sidewalk along the south side of the access driveway rather than the north side as approved with the CZC. V. DECISION A. Staff: Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Meridian City Council Meeting Agenda March 19, 2019 – Page 206 of 652 Page 3 VI. EXHIBITS A. Preliminary Plat Meridian City Council Meeting Agenda March 19, 2019 – Page 207 of 652 Page 4 B. Final Plat Meridian City Council Meeting Agenda March 19, 2019 – Page 208 of 652 Page 5 Meridian City Council Meeting Agenda March 19, 2019 – Page 209 of 652 Page 6 C. Revised Site Plan (depicting alternative compliance change) Meridian City Council Meeting Agenda March 19, 2019 – Page 210 of 652 Page 7 D. Previous Landscape Plan (date: 12/16/2015) Meridian City Council Meeting Agenda March 19, 2019 – Page 211 of 652 Page 8 Meridian City Council Meeting Agenda March 19, 2019 – Page 212 of 652 Page 9 E. Children’s Play Structure Meridian City Council Meeting Agenda March 19, 2019 – Page 213 of 652 Page 10 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-2016-0031; A-2018-0121; A-2017-0115; A-2015-0090). 2. The applicant shall obtain the City Engineer’s signature on the final plat by June 21, 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 final plat prepared by Accurate Surveying and Mapping, by Nathan J. Dang, shall be revised as follows: a. Add Professional Land Surveyor signature and date to stamp at bottom of plat. b. Include a note stating ownership and maintenance responsibilities for the common areas and include the recorded instrument number of the restrictive covenants for the subdivision. c. Include instrument number for the recorded utility easements. d. Note #3 remove the reference to Title 12. 5. The landscape plan prepared by TTKLA, P.L.L.C, dated 12/16/15, included in Exhibit VI.D shall be revised to depict the sidewalk and landscape changes as approved with the previous alternative compliance request (A-2017-0115). The revised landscape plan shall be submitted to the Planning Division prior to approval of certificate of occupancy. 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 Site Specific Conditions: 1. Applicant shall be required to provide a 10-foot wide water main easement centered over the water service line that serves the pressurized irrigation system. This particular easement was not provided when the original easements were provided at the time of construction. 2. Applicant shall be required to provide a 20-foot wide easement from the existing terminus of the water main, to the north boundary for possible future water main looping connection. 3. Applicant shall be required to replace the blow off at the south end of the water main with a fire hydrant. General Conditions: 4. Sanitary sewer service to this development is available via existing mains within the development. 5. Water service to this site is available via existing mains within the development. The applicant shall be responsible to install the above noted water appurtenances, coordinate with the Public Works. 6. 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 214 of 652 Page 11 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 newly completed 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. 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. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. All grading of the site shall be performed in conformance with MCC 11-1-4B. 11. 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. 12. 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. 13. 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. 14. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 15. 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 19, 2019 – Page 215 of 652 From:Penelope Riley To:Meridian City Clerk Cc:robert@woodhousegroup.net; Stephanie Leonard Subject:Re: Third Street Square - City Council Staff Report Date:Wednesday, February 27, 2019 2:02:09 PM Dear City Clerk: Please see below for comments regarding the March 5th City Council Hearing for the Third Street Square Final Plat. Consent agenda is acceptable to the applicant. Thank you! Penelope Constantikes Principal (208) 908-1609 P.O. Box 405 Boise, ID 83701 On Wed, 27 Feb 2019 15:55:51 -0500, Penelope Riley wrote: Stephanie: Per our discussion earlier today, the project team is in substantial agreement with the staff report and with the information below we do not have any objection to being on the consent agenda. A. 5: An updated landscape plan has been requested. B. 13: Attached is a copy of the utility easement application and associated materials submitted to the City of Meridian on January 17, 2019.This packet includes the owner executed Sewer and Water Easement, legal description and exhibit map. B. 6: The Landscape Architect Certification Letter was provided to the City of Meridian on January 24, 2019, as evidenced by the attached email. Attached is a copy of the Pressurized Irrigation Certification by the project engineer previously submitted to the City of Meridian. B. 7.: The Warranty Surety has been provided and accepted by the City as evidenced by the attached transmittal and email confirmation of the Warranty Surety period confirmation email. Thank you very much! Please do not hesitate to contact me if you have questions. Penelope Meridian City Council Meeting Agenda March 19, 2019 – Page 216 of 652 Penelope Constantikes Principal (208) 908-1609 P.O. Box 405 Boise, ID 83701 Meridian City Council Meeting Agenda March 19, 2019 – Page 217 of 652