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Gander Creek South (H-2019-0108) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUB 1 – FP H-2019-0108 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 22, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 76 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS, 1 BUILDING LOT FOR A FUTURE FIRE STATION AND 11 COMMON LOTS ON 25.06 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR GANDER CREEK SOUTH SUBDIVISION NO. 1 BY: TRILOGY IDAHO APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0108 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 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 GANDER CREEK SOUTH SUBDIVISION NO. 1, LOCATED IN THE NE ¼ OF SECTION 32, T.4N., R.1W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, Meridian City Council Meeting Agenda November 6, 2019 – Page 153 of 610 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUB 1 – FP H-2019-0108 Page 2 of 3 2019, HANDWRITTEN DATE: SEPTEMBER 11, 2019, by CODY MCCAMMON, PLS, SHEET 1 OF 5,” 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 October 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 Kent Brown, 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 November 6, 2019 – Page 154 of 610 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 44, day of 1 0ye,M bQA[� , 2019. By: Tammy de rd Mayor, Ci of Meridian Attest: ch, CUS �1 r9��f� IAN�=--'Chris Jo sonCity C er LF. Pb�Q�00, Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Onalum�A)2 Dated: [ t —to - r9lo 19 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUB I — FP H-2019-0108 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0108 Gander Creek South No.1 LOCATION: Generally located southwest of the N. McDermott Rd./W. McMillan Rd. intersection, in the NE ¼ of Section 32, Township 4N., Range 1W. I. PROJECT DESCRIPTION The Applicant proposes a final plat consisting of 76 single-family residential building lots, 1 building lot for a future fire station, and 11 common lots on 25.06 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Trilogy Idaho – 9839 W. Cable Car St., Boise, ID 83706 B. Owner: Union Square, LLC. – 9839 W. Cable Car St., Boise, ID 83706 C. Representative: Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2019-0013) in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots is the same and the amount of common open space area is greater than shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 156 of 610 preliminary plat. A total of 1.6 acres (or 12.6%) of common open space is proposed with this phase; amenities consist of a tot lot and pathway to the school. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (dated: 5/13/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 157 of 610 Page 3 B. Final Plat (dated: 9/6/19) Meridian City Council Meeting Agenda November 6, 2019 – Page 158 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 159 of 610 Page 5 C. Landscape Plan (dated: 09/12/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 160 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 161 of 610 Page 7 Meridian City Council Meeting Agenda November 6, 2019 – Page 162 of 610 D. Amenities (Pool House, Playground Equipment & Picnic Shelter) Meridian City Council Meeting Agenda November 6, 2019 – Page 163 of 610 Page 9 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-2019-0013; DA instrument number 2019-060657). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by June 18, 2021), 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 development shall be limited to thirty (30) building permits until a secondary access for emergency services is completed. 5. The final plat prepared by Bailey Engineering, Inc. by Gregory G. Carter, dated: 9/6/19, included in Section V.B shall be revised as follows: a. Modify Note #6 as follows: “Direct lot access to N. Owyhee Storm Ave. is prohibited except for Lot 2, Block 6.” b. Modify Note #8 to include Lot 1, Block 2 as a common lot. c. Include the recorded instrument number on Note #9. d. Include the recorded instrument number on Note #10. e. Graphically depict the easement for the Nine Mile Creek where it encroaches on this plat. 6. The landscape plan prepared by Jensen Belts Associates, dated 09/12/2019, included in Section V.C, shall be revised as follows: a. Correct the name of the creek depicted on the plat from “Nine” to “Five” Mile Creek. b. Depict vegetative groundcover within Lot 5, Block 1 and Lot 2, Block 2. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. The rear of structures that face N. Owyhee Storm Ave., a collector street, shall 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 subject public street. Single-story structures are exempt from this requirement. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. The transfer of Lot 2, Block 6 to the Fire Department for the development of a fire station shall take place with recordation of the subject final plat. A conditional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi- Public Use is required. 11. A floodplain development permit is required to be obtained from the Public Work’s Department prior to any and all development within the floodplain. Meridian City Council Meeting Agenda November 6, 2019 – Page 164 of 610 12. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. 13. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement (inst. # 2019-060657). 14. The mid-mile collector street (N. Owyhee Storm Ave.) and pedestrian walkway along the street shall be constructed from W. McMillan Rd. to the southern boundary of this development with the earlier part of this phase of development or at the time of substantial completion of the high school as set forth in the Development Agreement. 15. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division for the pool facility, picnic shelter and associated parking, prior to submittal of an application for a building permit. 16. 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. All streetlights on N. Owyhee Storm Avenue shall be Type 1 metered. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2. The water system as proposed does not have a secondary connection to the City's water distribution system. Water must be connected to another source per comments from Gander Creek North No 1 FP. Most likely connection is to continue 12 inch water at the west side of project to connect to south. Each phase must be modeled at final plat to ensure adequate fire flow. 3. The following items are Flood Plain Development requirements: a. Revise flood study to incorporate proposed conditions including bridge and creek/canal alterations. b. No-Rise certification letter for bridges, culverts and alterations c. Copy of NMID license agreement d. Copy of 404 and stream alteration permits. 4. This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 5. The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this application highlights several site conditions (including but not limited to soil types, ground water, and construction methods) that will make development of this property and construction of homes somewhat challenging. The developer shall bear the responsibility of ensuring that all the requirements, including compaction of backfill material, foundation drains around homes, and on- site infiltration pits are conveyed to the home builders, and that they are closely adhered to. General Conditions: 6. 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 165 of 610 Page 11 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. 7. 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 thi s development, coordinate main size and routing with Public Works. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. Compaction test results shall be submitted to the Meridian Building Department for all building Meridian City Council Meeting Agenda November 6, 2019 – Page 166 of 610 pads receiving engineered backfill, where footing would sit atop fill material. 20. 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. 21. 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. 22. 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. 23. Street light plan requirements are listed in section 6-7 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. 24. 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. 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. 27. 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. 28. 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. 29. 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 167 of 610 Page 13 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 November 6, 2019 – Page 168 of 610 From:kent brown To:Sonya Allen Subject:Re: Gander Creek South Sub. 1 - FP H-2019-0108 Staff Report for 10/22 Council Mtg Date:Friday, October 18, 2019 3:55:01 PM Attachments:image006.png Sonya the My Client has reviewed the conditions of approval and are in agreement and will comply. Kent On Fri, Oct 18, 2019 at 12:35 PM Sonya Allen <sallen@meridiancity.org> wrote: Attached is the staff report for the proposed final plat for Gander Creek South Sub. 1. This item is scheduled to be on the City Council agenda on Oct. 22nd. 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. Applicant - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible. 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. 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 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. -- Kent Brown EXHIBIT B Meridian City Council Meeting Agenda November 6, 2019 – Page 169 of 610 Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 Meridian City Council Meeting Agenda November 6, 2019 – Page 170 of 610