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Baraya Subdivision No. 5 FP (2020-0088) Order Item#5. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 13, 2020 ORDER APPROVAL DATE: OCTOBER 27, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 61 BUILDING ) CASE NO. H-2020-0088 LOTS AND 10 COMMON LOTS ON ) 12.38 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL 15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT BARAYA SUBDIVISION NO. 5 ) BY: MATT SCHULTZ, SCHULTZ ) DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on October 13, 2020 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 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 BARAYA SUBDIVISION NO. 5, LOCATED IN THE NE 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE NE 1/4 OF SECTION 15, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 9/22/2020,by GREGORY G. CARTER, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 5—FP H-2020-0088 Page 1 of 3 Page 102 Item#5. 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 13, 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 Matt Schultz, Schultz Development, 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 BARAYA SUBDIVISION NO. 5—FP H-2020-0088 Page 2 of 3 Page 103 Item#5. 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 27th day of October , 2020. By: Robert E. 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. 10-27-2020 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 5—FP H-2020-0088 Page 3 of 3 Page 104 Item#5. EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 -- x Legend DATE: s Prafect Locor[Dn R-15 0 TO: Mayor&City Council _ R1 L-0 C-N R U1� FROM: Sonya Allen,Associate Planner 208-884-5533 I R-40 RUT SUBJECT: H-2020-0088 Baraya Subdivision No. 5 .+ TN-C LOCATION: Generally located south of W. Franklin RAT C ' Rd. and east of S. Black Cat Rd., in the north%2 of Section 15,T.3N.,R.1W. M-E �- I. PROJECT DESCRIPTION Final Plat consisting of 61 building lots and 10 common lots on 12.38 acres of land in the R-15 zoning district for the fifth phase of Baraya Subdivision. II. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Matt Schultz, Schultz Development—PO Box 1115, Meridian,ID 83680 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 a reconfiguration of building lots and common area in this portion of the development from that approved with the preliminary plat resulting in the same overall number of building lots and a greater amount of common open space for the overall development. Overall,based on the exhibits in Section V.E,the number of building lots stayed the same as originally approved(i.e. 334) and the amount of common area increased from 11.34 acres(or 17.5%) Page 1 Page 105 Item#5. to 12.19 acres(or 18.8%). Therefore, Staff finds the final plat in substantial compliance with the approved preliminary plat in accord with UDC I I-6B-3C.2. Single-family detached homes are proposed in this phase. All development shall comply with the dimensional standards listed in UDC Table I I-2A-7 for the R-15 zoning district. Amenities proposed in this phase in Lot 6,Block 16 consist of a children's play structure(see detail in Section V.D, a half basketball court with benches, a gazebo with picnic tables,a segment of the City's multi-use regional pathway and internal pathways. The Purdam Drain was not required to be piped with this development as it's deemed a natural waterway and as such, is not required to be piped/covered. Note: The development agreement for this property requires a minimum of 334 single-family dwellings to be constructed on the R-8 and R-15 portions of the site. The first phase included 47 dwellings, the second phase included 48 dwellings, the third phase included 72 dwellings, the fourth phase included 67 dwellings, and this phase includes 61 dwellings for a total so far of 295 dwellings —an additional 39 dwellings should be provided at a minimum in the remaining phase(s) as depicted on the updated layout in Section V.E.A minimum of 13.01 acres (or 16%of the site) of useable landscaped open space is required to be provided for the overall development as proposed between the single-family and multi family portions of the development—12.19 acres is proposed in the single-family portion and the remainder is provided in the multi family portion. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Page 2 Page 106 Item#5. V. EXHIBITS A. Vicinity Map I � i FRIMI MSION IW FRAN KLI N R D BARAYSUBDIA \% 'BARAYA SUBDIVISION RARAYA SUBDIVISION ti NO, 3 UNDER SUBDIVISION NC, 1 CONSTRUCTION NO- 2 ` dory+ SARAYA o r'# ! .M APTS �+ t SUBDMSK)N � ..o 0 .o I I PROJECT) I M _..—..:.. Marvin _ Co �I I� Page 3 Page 107 ML wins k'=w WIN -xv lrL qlu 4 � «�, E+�1� �.. �:� ors■a � � A 4 �� r ... ■._ ...�■ i■ -- — Item#5. C. Final Plat(date: 9/22/2020) LorAT H 1W HE 1/4 OF THE Nw :/4 ++4 t E Nw i/* OK THE HE 1/*or SECTION 15_ T,741., R,1W._ B.1I._ WENtIM. A33A t"?Y, 111ARO wn�sf'e ti,l.n Iwo a r a 60 aosru-ran a aLsr xqr R �e-�irr asp , efr i1M'�Y4Y� rw 0 So 1w 2w O i LLU= 1Yl3w11� i 1r10-I M� . .._.. rmwP W OR ee 11 �L AW morwatw 1rrr1-ese na LrF k,rwa L4I nNM I ! , O Ya•o r o,. �`� Wh,NrY,nLm , r<I,Q YY r�!,••r•r,►�•.P4Y. �,rr•�eF r,.e•N y f i� u,�•,!/u � �x . i_1' rw.��� rtr�� ,� .��.�•I.,zz, ti.'.�..,r:r r` ..w"....��,.,°Yi�o+..rr�ti�. �.'�,:".w��'..i'`:'�r�r�r• w w r w.�yr+r�.t.�I. �,r•i�rww N 4 fr,4�Irr• ,r 4!P„•r4 r.•.•I 4 ti + �ti•.Ir�N r ry,+/F r�r r��},�r.e.rr r•i1 t 1+�t wwr ��•�rwu+��Tn TTM 14 hr T I,r� rT4 _+IhP+f w .P w.� ir+���..•..,.� nor•.aMrx�.,+- l rrw�.I w Iwwr�eT�We•�f� .R r�rr•�YFrr.,•�wyr,rar�M,}k�r r+„}yy• aw a�s•wr 2maLtES hh91A,l,i h w �r orRaw�L« I.k}.V.i(.lnY1+;�,,.I+4.�!•�'ix IfKb11L i6 F e wwrR��b,f�,Wra�rrrr.�.r,�ti.rr.vr4+. YMra, •a�oa,r ra,a•,u rra � imo lno a M,,.,,y ,e,w,`. +f a,.r LE d.M Y of 5 f LNC Z s �i w�•r.`�'i.r+""",. `����"`—���` uo OURrc raa.[s CENLFJI4WEfA1110J}�UJIIIIF41Cii00 ro*Er 1 Qr Page 5 Page 109 Item#5. D. Landscape Plan(dated: 9/16/20)&Playground Equipment Detail Ij OD > ¢ k WRICATCMA a{h1Q7E Mimi r *�F�• WMD - Page 6 Page 110 Item#5. ...- - i j — -- .— - _ter—•-.,-.,.,.r I;- �I. -; •_ - i . .. `__ I { LL$$� L4*IbBC�+l'FFIEOI lilt T KCPAI�1M J _�ri71lYY'�.�'"' •• .�'�"gh.`4 •... ':.1i916.RViT1�E• r•� MA a sic�ri's'' MY :p•^u as�'•r�vss € 'r}�'�'-�`�.�.�=..�'k.'S'>n'�:�: •�rs���.••3�'P.r�a�c���.ra�rr:�c�as�:s� S i per--1�'LS11YI4Qi4=.�l�Cl�' T�':.ST`�.- __ -... ,.,, �A YNP ,l••• gar.ax=a •r.�r_ti.. s _ -"�.'r..ss�;r } U1 ME f'T5L/N a111-J.Q�,T1'b __- --T_�=cc �+ - - _ �� • :J¢Ff^•" w., ` +r:�. ' -:��r * ��_..,�^�T yew LEM L� 3S r -a Page 7 Page 111 EF] ' F IL _, psi ti 71 Y!Yla inn nz OAK EMS yA $+ ■ -- -.-_ - - -= loud to �t*4C �. y F UK i'I II E i MsT�;7lF;i a=TL� iL��y �I.a...�aw■�F� � 5 k5 i�'Y� Y/ + { l MAN" I } v .rx �es.t...�_ � •� � x . _ . .vim•- �..,�,�" Jill fell Ord ww L1S Page 8 Page 112 Item#5. M 4 L Ll Baraya#5 WOOF% x Baraya#5 a _ r fi p�76oWnTUrir+ — -. I'Ir11ueSnc, Baraya # &]taroks �� R v�.*�• kAanw ION5 � �yN �/ IJJ}yIJIG7 Page 9 Page 113 »m#3 E. Approved Pe!!mlnryPlat/Open Space(207 vs. Reconfigured Layout/Open Space (O0) ,f79 Sf # - ¥ 7 � a *s ue- 666a2D s¥ 4� w p. _ &9 C - Ith . � ' 3= 72, § 1701 Page !O �7g4 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-06-061), development agreement(Inst.No. 107123289),preliminary plat(PP-06-062) and time extension(TE-09- 015; TE-11-001; TEC-13-001; TEC-14-007) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by June 17, 2022,within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension,in accord with UDC 11-613-7. 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 9/22/2020 by Gregory G. Carter, shall be revised as follows: a. Note#2: ". . . Lot 4-011,Block 14, Lot-76,Block 16 . . ." b. Note#3: ". . . Lot-76,Block 16 . . ." c. Note#9: Include the recorded instrument number for the NMID pump station operation and maintenance agreement. d. Note#10: Include the recorded instrument number or the ACHD License Agreement. e. Note#11: Include the recorded instrument number for the ACHD Permanent Easement. f. Note#14: "Lot 4-011,Block 14 contains a blanket easement . . ." g. Note#15: Include the recorded instrument number of the pathway easement. 5. The landscape plan prepared by Breckon Land Design, dated 9/16/20, shall be revised as follows: a. Include a detail for the 6-foot tall vista 3-rail fence proposed adjacent to the common area on Lot 11,Block 14 that contains a pathway and the Purdam Drain. b. Depict fencing(chain-link or wrought iron)between the multi-use pathway and the Purdam Drain for public safety as proposed by the Applicant and depicted on the landscape plan approved with the preliminary plat. c. Depict a 5-foot wide landscape strip along the east side of the multi-use pathway along the Purdam Drain, landscaped per the standards listed in UDC 11-3B-12C. 6. "No Parking Fire Lane"signs shall be placed at each end of the alley with a few in the middle as well per Fire Code requirements. 7. The rear elevations of the homes visible from public streets and open spaces shall be subject to the architectural standards established for Baraya Subdivision included in the Development Agreement(see provision#5.1.10). 8. Future development shall comply with the approved elevations and design standards listed in the Ten Mile Interchange Specific Area Plan. 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. Page 11 Page 115 Item#5. B. Public Works Site Specific Conditions: 1. The street light plan submitted appears to meet requirements based on a preliminary review. General Conditions: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 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 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. 8. 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. 9. 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. 10. It shall be the responsibility of the applicant to ensure that all development features comply Page 12 Page 116 Item#5. with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. Any existing septic systems within this project shall be removed from service per City Page 13 Page 117 Item#5. Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. 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. 24. 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 14 Page 118 EXHIBIT B Item#5. From: Matt Schultz To: Adrienne Weatherly,Charlene Wav;Chris Johnson;Sonya Allen Cc: Bill Parsons Subject: Re: Baraya Sub. 5&6-FP H-2020-0088&H-2020-0089 Staff Reports for Oct. 13th Council Mtg Date: Tuesday,October 6,2020 10:06:30 AM Attachments: imaae006.Dna External Sender -Please use caution with links or attachments. looks good, thanks Sonya! Matt Schultz Schultz Development LLC (208) 880-1695 On Tuesday, October 6, 2020, 10:04:38 AM MDT, Sonya Allen <sallen@meridiancity.org>wrote: Attached are the staff reports for the final plats for Baraya Sub. 5&6. These items are scheduled to be on the consent agenda at the City Council work session on October 13th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk2meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. 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 Built for Business, Designed for Living 0I © w❑11 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. Page 119 Item#5. Page 120