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Turf Farm Subdivision No. 2 (H-2019-0124) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURF FARM SUBDIVISION NO. 2 (AKA HILL’S CENTURY FARM NO. 12) Page 1 of 4 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 17, 2019 IN THE MATTER OF THE REQUEST FOR MODIFICATION TO THE FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVISION NO. 12 TO CHANGE THE BOUNDARY OF THE PHASE AND REDUCE THE NUMBER OF BUILDING LOTS FROM 62 TO 42, THE NUMBER OF COMMON LOTS FROM 5 TO 4, AND THE AREA FROM 12.22 TO 8.61 ACRES OF LAND FOR TURF FARM SUB. NO. 2 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0124 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 17, 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: Meridian City Council Meeting Agenda January 7, 2020 – Page 250 of 552 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURF FARM SUBDIVISION NO. 2 (AKA HILL’S CENTURY FARM NO. 12) Page 2 of 4 1. The Final Plat of “PLAT SHOWING TURF FARM SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 10/25/2019, by AARON L. BALLARD, PLS, SHEET 1 OF 4,” 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 December 17, 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 Kody Daffer, Brighton Corporation, 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 Meridian City Council Meeting Agenda January 7, 2020 – Page 251 of 552 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. 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 (2 8) 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 7th day of January , 2020. By: Tammy e ed Mayor, Cit f Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: /' 2 _ 0q 6 A U ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURF FARM SUBDIVISION NO.2 (AKA HILL'S CENTURY FARM NO. 12) Page 3 of 4 EXHIBIT A Page 1 HEARING DATE: 12/17/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0124 Turf Farm Sub. No. 2 - MFP LOCATION: East side of S. Eagle Rd., north of E. Lake Hazel Rd. I. PROJECT DESCRIPTION The Applicant proposes a modification to the Final Plat approved for Hill’s Century Farm Subdivision No. 12 (H-2019-0008) to change the boundary of the phase and reduce the number of building lots from 62 to 42, the number of common lots from 5 to 4 and reduce the land area from 12.22 to 8.61 acres. II. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Kody Daffer, Brighton Development, Inc. – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat modification for substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C. The total number of building lots approved with the preliminary plat was 158 – the final plat for Hill’s Century Farm Sub. 10 (the northern portion of the preliminary plat) contained 55 building lots; the final plat for Turf Farm Sub. 1 contained 49 building lots; and the final plat for this phase contains 42 building lots for a total of 12 fewer building lots than depicted on the preliminary plat. [Note: there are a few (i.e. 3+/-) building lots at the southwest corner of this site adjacent to Eagle Rd. that were included in the preliminary plat that are now proposed to be STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda January 7, 2020 – Page 254 of 552 Page 2 included in a future preliminary plat for the property adjacent to this site at the corner of S. Eagle Rd. and E. Lake Hazel Rd.] The amount of overall open space depicted on previously approved and proposed final plats is greater than originally proposed. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. A final plat for the northern portion of Phase 12 has already been approved (i.e. Turf Farm Sub. 1 – H- 2019-0095). This is the final phase of the Turf Farm Subdivision preliminary plat. A segment of the City’s multi-use pathway system is proposed as an amenity along the Ten Mile Creek. IV. DECISION Staff: Staff recommends approval of the proposed final plat modification within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 1/29/2018) Meridian City Council Meeting Agenda January 7, 2020 – Page 255 of 552 Page 3 B. Approved Final Plat (date: 10/10/2019) C. Proposed Final Plat (dated: 10/25/19) Meridian City Council Meeting Agenda January 7, 2020 – Page 256 of 552 Page 4 D. Approved Landscape Plan (dated: 1/11/19) E. Proposed Landscape Plan (dated: 11/25/19) Meridian City Council Meeting Agenda January 7, 2020 – Page 257 of 552 Page 5 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-2017-0149, Development Agreement #2018-034522 – Turf Farm). 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 previous phase final plat; 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 KM Engineering stamped on 10/25/2019 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: a. Note #12: Delete note (not applicable) b. Note #13: Include recorded instrument number for ACHD landscape license agreement. c. Note #19: Include recorded instrument number for pathway easement. d. Note #20: Include recorded instrument number for ACHD sidewalk easement. e. Under References on Sheet 1, complete the book and page numbers (R2.). 5. The landscape plan prepared by KM Engineering, dated 11/25/19 shall be revised as follows: a. Widen the 5-foot wide pathway to 10 feet from the cul-de-sac to E. Lake Hazel Rd. where the emergency access is located. b. A minimum 5-foot wide landscape strip is required along each side of the multi-use pathway along the Ten Mile Creek planted with a mix of trees, shrubs, lawn or other vegetative groundcover. A minimum of one tree is required per 100 linear feet of pathway. c. Include a detail for the proposed fencing that complies with the standards listed in UDC 11 - 3A-7A. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2017-0149. 7. The Ten Mile Creek shall remain open as a natural amenity and not be piped or otherwise covered in accord with UDC 11-3A-6 and shall be protected during construction. 8. Prior to any development occurring in the Overlay District, a hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 9. 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. A Floodplain Development Permit is required for this development. Please contact Jason Korn in the Public Works Department with any questions. Meridian City Council Meeting Agenda January 7, 2020 – Page 258 of 552 Page 6 General Conditions: 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 t o 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda January 7, 2020 – Page 259 of 552 Page 7 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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. 23. 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. 24. 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, Meridian City Council Meeting Agenda January 7, 2020 – Page 260 of 552 Page 8 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 25. 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 January 7, 2020 – Page 261 of 552 1 Adrienne Weatherly From:Sonya Allen Sent:Monday, December 09, 2019 9:08 AM To:Kody Daffer; Adrienne Weatherly; Charlene Way; Chris Johnson Cc:Jon Wardle; Bill Parsons Subject:RE: Turf Farm Sub. 2 - MFP H-2019-0124 Staff Report for Dec. 17th Council Mtg Thanks Kody! From: Kody Daffer <kdaffer@brightoncorp.com> Sent: Monday, December 9, 2019 8:59 AM To: Sonya Allen <sallen@meridiancity.org>; Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Jon Wardle <jwardle@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org> Subject: RE: Turf Farm Sub. 2 - MFP H-2019-0124 Staff Report for Dec. 17th Council Mtg External Sender - Please use caution with links or attachments. All, We have reviewed the staff report and analysis, and agree with the conditions of approval. We request that this item be placed on City Council consent agenda on December 17th. Thank you, Kody Daffer Cell 208.871.3812 From: Sonya Allen <sallen@meridiancity.org > Sent: Friday, December 6, 2019 3:07 PM To: Adrienne Weatherly < aweatherly@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Chris Johnson cjohnson@meridiancity.org > Cc: Kody Daffer < kdaffer@brightoncorp.com >; Jon Wardle < jwardle@brightoncorp.com >; Bill Parsons bparsons@meridiancity.org > Subject: Turf Farm Sub. 2 - MFP H-2019-0124 Staff Report for Dec. 17th Council Mtg Attached is the staff report for the proposed final plat modification for Turf Farm Sub. 2. This item is scheduled to be on the City Council agenda on Dec. 17th . 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. Kody - 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 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. EXHIBIT B Meridian City Council Meeting Agenda January 7, 2020 – Page 262 of 552 2 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 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 January 7, 2020 – Page 263 of 552