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Millbrae Subdivision (H-2019-0148) FP BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JANUARY 28, 2020 FINDINGS APPROVAL DATE: FEBRUARY 18, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 41 BUILDABLE ) CASE NO. H-2019-0148 LOTS AND 6 COMMON LOTS ON ) 8.79 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT MILLBRAE SUBDIVISION ) BY: TRILOGY IDAHO ) APPLICANT ) This matter coming before the City Council on January 28, 2020 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 MILLBRAE SUBDIVISION, LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 4, T.3N., R.1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 12/4/19,by GREGORY G. CARTER, PLS, SHEET 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLBRAE SUBDIVISION—FP H-2019-0148 Page 1 of 3 Meridian City Council Meeting Agenda February 18,2020— Page 82 of 270 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 January 28, 2020, 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLBRAE SUBDIVISION—FP H-2019-0148 Page 2 of 3 Meridian City Council Meeting Agenda February 18,2020— Page 83 of 270 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 18th day of February 2020. By: Robert Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By. Charlene Way Dated: 2-18-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLBRAE SUBDIVISION—FP H-2019-0148 Page 3 of 3 Meridian City Council Meeting Agenda February 18,2020— Page 84 of 270 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING January 28,2020 Legend DATE: f RU T ILIProject Lfl -o-Ron TO: Mayor&City Council FROM: Sonya Allen,Associate Planner �'O 208-884-5533 R' Bruce Freckleton,Development RUT Services Manager T ,R 208-887-2211 R1 SUBJECT: H-2019-0148 R T R. Millbrae Subdivision IT- LOCATION: Northwest corner of N. Black Cat Rd. & TF W. Cherry Ln. (#S 1204449142, r^^ #S120449160,#SI20449204) I. PROJECT DESCRIPTION Final Plat consisting of 41 buildable lots and 6 common lots on 8.79 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: Corey Barton— 1977 E. Overland Rd., Meridian, ID 83642 C. Representative: Kent Brown,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 in accord with the requirements listed in UDC 11-6B-3C.2. The proposed plat depicts the same number of buildable lots and the same amount of common open space areas as shown on the approved preliminary Pagel Meridian City Council Meeting Agenda February 18,2020— Page 85 of 270 plat. Therefore, Staff finds the proposed plat is in substantial compliance with the approved preliminary plat as required. A children's play structure and picnic shelter is proposed as amenities in this development on Lot 6,Block 3 as shown in Section V.D. The ACHD storm drainage facilities are proposed to be subsurface. The pond proposed in Lot 8,Block 1 is for irrigation purposes. The existing home located on Parcel#S 1204449160 at 4920 W. Cherry Ln. is proposed to be relocated to Lot 1,Block 1;placement of the home on the lot is required to comply with the building setbacks noted in UDC Table 11-2A-6 for the R-8 zoning district. All other existing structures are required to be removed from the site prior to City Engineer signature on the final plat. IV. DECISION Staff- Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 7/28/2019) PREY PLAT FOR MIL I MILLBRAEBRAE 5LIBDIVISIOV E wn- ®� V7—V All J ® ® m ® A 2 2 2 PRLVFCT 6 SITE n m i 4 r! I 5r 'i'•___-- � ® n j ® � ® of �ro p z z N m - - 4 0 o It P- Page 2 Meridian City Council Meeting Agenda February 18,2020— Page 86 of 270 B. Final Plat(date: 12/4/2019) '/' nmssun PLAT SHOWING MILLBRAESUBDIVISION uNRATIFD LOCATED IN 7HE SE 1/4 CE THE SE 1/4 OF SECIION 4.T.3H..R.1 W..GOFSE UPI Crf OF UPI Al CDNNTY,IDAND wn _L_8- �_ 2020 fi__ ,r -II JI i 1� . NOTES S, I ® ® �c & I w i '. 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L,a�rarorE- sye rN,YnM a �_, r'i rni, 1,,5 L.o i I&ACY Ls®J J®J --------------- s Us�xmo) j g J I I 1 1 L-- a"�PO"wT Os nay ® �,r,n,m« auon . aroAae owx wnolr 66 O 30 60 20 m — — urvrur uP T®N' u•17'C Lx 0.4i SCALE IN FEET 5!9%4Y3� Yy ett'.4i'do fw 1"=8v ,/4 84 w,x Eumc w,ns n" BFms lr xFlalrN6 �___—__.�_ uar MOLT-o�u[ae WFJtFY 1/JJE mu Fx,e�eex o m�h'rsm vin''q we l W�PiT'i!A ar.,.T� ar,.TaEI. awa Toe1e ® �•�••,m vax, �•-r�.xwew erma d..o ors a.»r rwa..'.�. o»a s.nbe orne o.»r wa..�.9«:a»e �.:. wr /� 7 7�9 � op svv sr.Tr wsrrr sr4rx• c+s ssm zvar sca xsreruc amsr ® aaa « s¢«'ssssr«v'aasaar �[1 FIB�€ ®.� eaa mar ax,rsn-. aam mar,cow,ovr women ,"7svr ca saar>e :,.n.•«w«rarer '�'"e� � Baer e.cxQ �m m-n s¢w sn•wsr,» ux enro a.r snee ".a,anc..arsr soon soar saor sxevex,r«sus,• maa n.sr wnr Iw�rx. eeeror waa'>o u•asr arxrnt,barn• ST,RVErais x m ser 9va.' aware asss'.r a:m ssa' >9.n' �vYY[ a.rY mar 3x i sa re.n•m.ema• nMzcY,,:�..: m.== . xssmss•E usnr r xeo•xarroos - SHEET a OF E a.sr a,sr nar xassrwt erA'ss• mur sac mr ar,� �x �� con am rrwrer. �«s• � xtm' x6.r ns.rn•n mr�• ° "" '"' "°°""� ' ° ` tJc�dlley Engineering,Inc. aor m.ae• mnrrc ssar,r man ems, wm - ssm scar sa,r s«srlrs sr,rn• srw ram• mm swwv�. eaoxx CIIALFJLGINEERINGI PLANNING ICADD Page 3 Meridian City Council Meeting Agenda February 18,2020— Page 87 of 270 C. Landscape Plan(dated: 12/2/19) x- k -, PLANT SGHEPULE J SOB ® O ® -c 1 u IT AI: /lJ Jx BLOCK z F Z BLOCK 2 NOTes a > a 1' m' .e,...... .r.. V 0 �1I „ Ul m w Z ] > w 'BLOCx 7 J a 0 Z - eff� PLAN7 SGHEPULE .5 �I �.3 vII FRIvncT FENCE F p..-. �+ nmenrxe xraewr ins -ni xavuw xxua zw �" � x..ii.ii iii rtrn♦.mew Z F LANP5GAPE C,ALOULATIONS NO7E5 J 0 Z ,.x,..�. -....ax W It > it 0 F ° >m z !n a w J m 0 ate. ro.b. d m J J J O3 PLANTEF GI.T E,I: 4,,,�r Z C � L _E`rE' L 1,2 Page 4 Meridian City Council Meeting Agenda February 18,2020— Page 88 of 270 D. Amenity Details } - Page 5 i 1_ 1 ii7� 1 1 ■ r' 1 1 � _ •7 y 4 ■IL _ Meridian • •Agenda February2020 .•- 89 of 1 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-2019-0066,Development Agreement#2019-121603). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the preliminary plat(by October 8, 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 final plat prepared by Bailey Engineering, Inc., stamped on 12/4/2019 by Gregory G. Carter, included in Section VII.B shall be revised as follows: a. Change the street names depicted on the plat as follows: "W. Cherry Lane"and"N. Black Cat Rd.; add"W. Cokedale St."as the name for the stub street to the west. b. Note#8: "Lots 8, and 15,Block 1 . . ." c. Note#9: Include the recorded instrument number of the ACHD Permanent Easement. d. Note#10: Include the recorded instrument number of the ACHD License Agreement. 5. The landscape plan prepared by Jensen Belts Assoc., dated 12/2/19 shall be revised as follows: a. Provide an additional three(3)caliper inches of trees in the common area for mitigation of trees removed from the site to total 258 caliper inches in accord with UDC 11-3B-10C.5; and revise note in Landscape Calculations accordingly. b. Widen the asphalt emergency access driveway on Lot 6, Block 2 from 14' to 20' with 5' of landscaping on each side; and depict collapsible bollards as set forth in IFC 503.5.An example would be the MaxiForce Collapsible bollards that is wrench activated or an approved equal— drop-in bollards as currently proposed are not allowed — revise the construction drawings accordingly. Contact the Meridian Fire Department Deputy Chief of Prevention for approval. c. Depict a 4-foot tall vinyl fence and an access gate to restrict access to the open pond located on Lot 8, Block 1 per requirement of the preliminary plat. d. Depict lawn in Lot 8,Block 1 in areas not encompassed by the irrigation pond and pump station access path in accord with the standards listed in UDC 11-3G-3E. 6. The existing home located on Parcel #S 1204449160 at 4920 W. Cherry Ln. is proposed to be relocated to Lot 1,Block 1;placement of the home on the lot is required to comply with the building setbacks noted in UDC Table 11-2A-6 for the R-8 zoning district. All other existing structures are required to be removed from the site prior to City Engineer signature on the final plat. 7. The rear and/or sides of two-story homes on Lot 14,Block 1 and Lots 4 and 7-20,Block 2 that are visible from the arterial street(W. Cherry Ln. and N. Black Cat Rd.)are required to incorporate articulation through changes in two(2) 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 public street.Single-story structures are exempt from this requirement. 8. The pond on Lot 8, Block 1 shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.7. Page 6 Meridian City Council Meeting Agenda February 18,2020— Page 90 of 270 9. Submit a 14-foot wide public pedestrian easement for the multi-use pathway along N.Black Cat Rd. and W.Cherry Ln.to the Planning Division for Council approval and recordation;coordinate details of the easement with Kim Warren,Park's Department(208-888-3579). 10. Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 11. 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. 12. Upon installation of the landscaping and prior to inspection by Planning Division staff,the applicant shall provide a written Certificate of Completion as set forth in UDC 11-3B-14A. B. Public Works Site Specific Conditions: 1. Revise the construction plans to show the existing 10-inch, and 18-inch sewer force mains in N. Black Cat Road. There is also an abandoned 4-inch sewer force main in the same area. It is important to identify these facilities on the plans since there are proposed crossings of these facilities with new sewer and water mainlines at the intersection of W. White Birch Street and N. Black Cat Road. 2. Revise the streetlight plan to show Type I streetlights on Black Cat Road and Cherry Lane. The streetlight at Black Cat and White Birch Street. needs to be placed over Black Cat Road,not White Birch Street. Adjust the streetlight spacing on White Birch Street as needed. General Conditions: 3. 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. 4. 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. 5. 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. 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. 7. 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. 8. 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 Page 7 Meridian City Council Meeting Agenda February 18,2020— Page 91 of 270 at 887-2211. 9. 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. 10. 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC I I-1-4B. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 Page 8 Meridian City Council Meeting Agenda February 18,2020— Page 92 of 270 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 I I"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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. 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. Page 9 Meridian City Council Meeting Agenda February 18,2020— Page 93 of 270 EXHIBIT B From: kent brown To: Sonya Allen Cc: Adrienne Weatherly,Charlene Wav;Chris Johnson;Caleb Hood;Bruce Freckleton Subject: Re: Millbrae Sub.-FP H-2019-0148 Staff Report for Jan.28th Council Mtg Date: Thursday,January 23,2020 9:25:06 AM Attachments: innaae006.ona External Sender - Please use caution with links or attachments. Sonya after reviewing the staff report and conditions of approval the developer is in agreement and will comply prior to plat signature of City Engineer. Kent Brown Planner On Thu, Jan 23, 2020 at 8:45 AM Sonya Allen<sallen&meridiancity.org>wrote: Attached is the staff report for the proposed final plat for Millbrae Subdivision. This item is scheduled to be on the City Council agenda on Jan. 28th. 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. Kent - Please submit a written response to the staff report to the City Clerk's office (cityclerkna.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. 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 I Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0578 E II I7 Built for Business, Designed for Living 0 0 0 0 0 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, Meridian City Council Meeting Agenda February 18,2020— Page 94 of 270 in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 Meridian City Council Meeting Agenda February 18,2020— Page 95 of 270