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CC - Staff Report Page 1 HEARING DATE: 4/21/2020 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2020-0031 Shelburne East Sub. 1 LOCATION: 4115 E. Bott Ln., in the SW ¼ of Section 28, T.3N., R.1E. (Parcel #S112831510; S1128428010; S1128428100) I. PROJECT DESCRIPTION Modification to the final plat for Shelburne East Subdivision No. 1 to include an additional 1.02 acres of land (for a total of 19.53 acres) at the west boundary consisting of 2 common lots and right-of-way for S. Hillsdale Avenue that was previously included in the Shelburne Subdivision No. 2 plat. The modified plat consists of 53 buildable lots and 10 common lots on 19.53 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant/Owner: Shelburne Properties, LLC – 7629 E. Pinnacle Peak Rd., Ste. 110 – Scottsdale, AZ 85255 B. Representative: Kent Brown, Kent Brown Planning Services – 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS The 1.02 acre area consisting of right-of-way (ROW) and common lots for a street buffer was included in the preliminary plat for Shelburne Subdivision (PP-15-005) and approved as part of the Shelburne Subdivision No. 2 final plat (H-2017-0148). Prior to the City Engineer’s signature on the final plat, the area was removed from the plat for construction reasons with Staff’s agreement to be included in a subsequent phase. Rather than plat a third phase for just the common area and ROW, the Applicant proposes to include the area in the adjacent final plat for Shelburne East Subdivision No. 1. Because a final plat for this STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 subdivision has already been approved by City Council, a modification to the plat is necessary to accomplish this. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plats (PP-15-005 and H-2018-0112) as required by UDC 11-6B-3C.2. Overall, there is one (1) fewer buildable lot in Block 1 and the same amount of common area. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat modification with the conditions of approval in Section VI of this report. Note: Staff has carried over the conditions of approval from the original final plat (H-2019-0077) in this report. V. EXHIBITS A. Approved Final Plat for Shelburne Subdivision No. 2 – H-2017-0148 Excluded area (1.02 acres) proposed to be included in the modified Shelburne East Sub. 1 plat Page 3 B. Approved Final Plat for Shelburne East Subdivision No. 1 – H-2019-0077 (date: 5/31/2019) Page 4 C. Proposed Final Plat for Shelburne East Subdivision No. 1 – H-2020-0031 (date: 2/11/2020) Added 1.02 acre area Page 5 D. Proposed Landscape Plan (date: 2/24/2020) Page 6 Page 7 Page 8 E. Common Driveway Exhibit 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-2018-0112, Development Agreement #2019-017516). 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 plat (on or before January 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 Land Solutions stamped on 2/11/2020 by Clinton W. Hansen, included in Section V.B shall be revised as follows: a. Note #10: “. . . recorded as Instrument No. 2019-017516, records of Ada County, Idaho.” b. Note #12: Include recorded instrument number of the ACHD License Agreement. c. Note #13: Include recorded instrument number of the CC&R’s. d. In the Legend, include the recorded instrument number for the ACHD sidewalk easement. e. In the Legend, include the recorded instrument number of the existing ACHD temporary turn-around easement. f. Widen the street frontage of Lot 14, Block 2 to a minimum of 60 feet in accord with UDC Table 11-2A-5. 5. The landscape plan prepared by Jensen Belts Assoc., dated 2/24/20, included in Section V.D is approved as submitted. 6. All existing structures proposed to be removed shall be removed prior to signature on the final plat by the City Engineer. 7. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0112 included in the Development Agreement. 8. The rear and/or sides of structures on lots that face S. Hillsdale Ave. (i.e. Lots 10-12, Block 3) and E. Bott Dr. (i.e. Lots 9-14, Block 2; Lot 13, Block 1; and Lots 2-4, Block 5) 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 streets. Single-story homes are exempt from this requirement. 9. A perpetual ingress/egress easement for the common driveway on Lot 8, Block 2 is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 10. The Nine Mile Creek shall be protected during construction. Page 10 11. Homes constructed on Lots 6-7 and 9-11, Block 2 shall comply with the common driveway exhibit in Section V.D. 12. The S. Selatir Ln access easement shall be relinquished where it crosses this site; include a copy of the relinquishment with the final plat submittal for City Engineer signature. 13. A Certificate of Zoning Compliance and Design Review applications are required to be submitted to the Planning Division and approved prior to submittal of building permit applications for the picnic shelters. 14. 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. The streetlights along E. Bott Dr. and S. Hillsdale Ave shall be metered to meet City and Idaho Power requirements. 2. This phase of the development will result in a long dead-end water main, which may result in poor water quality. Future development to west will eliminate this dead-end and help alleviate this problem. 3. Applicant to add back the 8-inch water main connection between Phases 1 (S. Selatir Way) and the future Phase 3 (S. Taradale Pl.) as shown on the conceptual engineering plans submitted with the pre-plat. This mainline shall be within a minimum 20-foot wide common area lot between the two public right-of-ways, and an easement dedicated per General Condition No. 19 below. The water mains in S. Selatir Way and E. Bott Dr. shall be 8-inch, not 12-inch. The water main in S. Selatir Way south of E. Fratello St. shall be 12-inch for future connection to E. Amity Rd. in Phase 3. General Conditions: 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. Page 11 9. 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 p rovided 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 Page 12 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. 22. 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. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. 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. 25. 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.