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Fairbourne Subdivision No. 3 ( H-2020-0008) Order Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 12/1/2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 65 BUILDING ) CASE NO. H-2020-0008 LOTS AND 8 COMMON LOTS ON ) 23.26 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT FAIRBOURNE NO. 3. ) BY: FAIRBOURNE ) DEVELOPMENT, LLC, ) APPLICANT ) This matter coming before the City Council on December 1, 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 FAIRBOURNE SUBDIVISION NO. 3, LOCATED IN THE E %2 of the SE '/4 OF SECTION 21, TOWNSHIP 4N, RANGE 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 9/23/2020,by KYLE A. KOOMLER, PLS, SHEETS 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE NO 3 —FP H-2020-0008) Page 1 of 3 Page 117 Item#7. & 2 OF 5," are 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 1, 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 Sam Johnson, 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 FAIRBOURNE NO 3 —FP H-2020-0008) Page 2 of 3 Page 118 Item#7. 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 8th day of December , 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. 12-8-2020 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE NO 3 —FP H-2020-0008) Page 3 of 3 Page 119 Item#7. EXH I BIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/1/2020 Legend DATE: 0Prnjeat Location TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner -- ----- it 208-489-0573 _ b SUBJECT: H-2020-0008 Fairbourne No.3 LOCATION: The site is located at the NWC of W. _ Chinden Blvd and N. Black Cat Road, in ----------- the SE '/4 of Section 21, Township 4N., Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of 65 buildable lots and 8 common lots on 23.26 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant/Owner/Representative: Sam Johnson, Fairbourne Development LLC—2701 E. Pine Ave, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2018-0052)in accord with the requirements listed in UDC 11-6B-3C.2. Amenities proposed with this final plat include 3 micro-pathways and a pathway along the north periphery which connects to an approximately one acre open landscaped area consisting of a pond and several waterfalls (shown in Lot 29 of Block 3). The proposed amenities are consistent with what was approved with the preliminary plat. However, staff notes the Applicant is crediting parkways shown along the internal roads as common open space. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is an additional micro-path and common lot between Lots 19 and 21 of Block 5 that was not included on the preliminary plat which has increased the amount of common open space. Otherwise,there is no change to the number of buildable lots or Pagel Page 120 Item#7. common open space. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 5/4/2018) Mi - FAIRBOURNE SUBDIVISION fr PPoa4:EC Bf�Nw WM uurt —_ I.r.a L.awuaa.0 wMe~' — R 141 wIX C__]yFN W✓E IAT -- — —mww�m wymn u� we rrvluL I1 Ir 3 .j I gN��u�d�i.e � ��• 'S4 •�'I 'S AI.E r1U IA1Y idi - — •I A � i .[.pu�'1� w � — anrL o�vu � 1� 11 •r�c� I `� �l�,i^^�^" �,wFF� •r � .a.e _- x I I I ' � � � 9 � ° I��°_°• '_P'^ ° m i5 w 'F o,�', m ipll '�,�'I, rrorEs V 96 II L_.i--11 —� --- 'n �13 i ��' �llI1��� III rr!9����� 13� '�q,��g �� ! �� � •�I " r U J k� 2 r, AEI W V V I •_� III � L Page 121 Item#7. B. Final Plat(date: 9/23/20) FAIRBO RAT SUBDIVISION NO. 3 BOWA PORbU OF7FEE 9,2#7HESE W OFSEG77[7M27, 70WAN4b-4 ACff+t wave€r xEsr CrrraF cW 4G4 CaWTI UV-V • um� 54#WIaV'M--LE a#TA@Vf,LLO tEEEEiA xwe r :JiJJr fNr Tc ,,,.,my. f!fJM p�R��+�ywT x F_ld3d"1 J]I JJ' V !OA'Sr x 7�>✓ rJ+d-0Y _ � � J6Y.ti55NN �fP ILrJY m {PF' •+..s q}ap' P , - JIL fp' W' �¢� f3f W itiy� q-w iu C4i !y 6 rJ rrJr • .S �r�Jv 4 .tar � p b R- � 7.r°'.' •� �- pS n t ",gyp,. I: t.^ pro, r-xv a-JSJ u-rar r-,m a-+oo o-w.• a Aaa I x a�rJ-r ar•m' * q I 4 $ Jv Jn' u u Fak*f has p S 16 C 2 5 �•+ t n ` r� Je 5 y ar M t w 3 t Ryp`p I� �p p x -w - ii � �J iltlP n ]Y 7 x INw' x �-r Jrm ui 7 a C rJaar' { r4 4 arap J0.�' .erarr rcrJYr Jars- + i A 5 �� w ��„•I� �h u ;'� � r+�nr4a aanm,.r � I- �� a aovoP a uc<w'. rw r YL s Y j5 S r- � a � ro � .tix• a-�sJ r-.uo y JJOrtJ y ; r--M 3 n '� R r_rraF_`J•' n cYr 5 1 •4 r JOYI JJYY r n tvr W r� -cy y IL AWSWt i 4�� � I j � ��is P �,.Jr o-,.0 r�r�l s n. i ^ dY� k�typ � �rar• y h q 4 � 4 �� Jeaa'r t k to 4•� raxarr JsxJ.- # pcorsw JaorJww fF OVQMW A1[ � ix,-:<.a dr".aer Jfr rw as 1J3rn �—� .. � c• r-, fd I .o.Jcr w I +�r 4+a�+,v • n.,o y+"ra ar.arr:rxo L n.sx ew oa,a rraa I au.o vJ-rew rrr+rxr ruJ ieaY "' '..�F3fG44 a.sx ew oR+r Aaam .'xTJ�E}T fA,$EAfFNI u.o JJTi uw ava.r�� I ] A tLIDR'.4TAIQ7E:5 �+nvJ-xv:w�r.rns+anc $�i..y,wvr iYNl+r+o`F 3 F # F 1.A qJ �� "•��RJF ��1 a ____— �a-'vr�� LIDS 9L9PFE7 LA'f6L4SJmm AG' arar •er�x JJCM„�a°P ucf ..e�Yr t- 7 kilo- —-— >�r�r•v�x 4 k �a brwM r'ara 11 Kier Cf Rdr ..,r�` t axr1 Page 3 Page 122 Item#7. FAIRBOURNE SUBDIVISION NO. 3 ;3ONGA FMr"VOF TIFFXCOF MEW fMLr,%Xf 27, r0PWmSAW,fAVRT;t R.W[� E.S I9T 50MEA �CTY0FAIXMGA M Gt3I.iY7Y,Ar C '!FAff00 'nFLE1,a0PA0VT,r&2 ''romr x .20,20 4 M x u A 4ti ]ip A .��r,.•. •ea q $$ vaw � k •wa�a•r �InS a w �� iaa m , mr,' Y. I muc �r tt x eccr� 8 4" � Tf r�€��4�Y-0�J°"•1P a Liar I DE�J'IIL f1 � l � w � a" �• y a'o'' I� NOT 70 SCE'- rl SHEET 1 T ' faM'r rn�r SHEET 7 �' &LA1T3FA4 4 ° - r ■ ��•€ f p4VELM TA L 96—LM TA -ter c wwroM ,r< I.fr."m �r F�,r 'WT'Ar w'1X Ai aw a .4.uerwaw•.em.tr,ee $1FtA/NT k L a lase. I y ,i to, .r .•rca mwn —-— x+a'a'�e+r r-,ea..r•.rJ w�„r�u01V „ ''r' -- aa�we ———rs�c.r,u xo,�r SFfFiYF`T 2 OF 5 ... ... ... Page 123 C. Preliminary Plat Landscape Plan(date: 5/4/2018) + L L 13D CD (D f RNE np (r CD -ID C Mom Page 5 Item#7. D. Proposed Landscape Plan(date: 10/9/20) __-G--- —P-- LANDSCAPE LEGEN[ Vr —•N_� _ -- - - w _ __ BLOCK 5 ` Il I I � I I I I � li •� .,roam.. tj r 1 l I 1 = ,i �• I• `,. � t it I I I BLOCK b � i i ® � r■ OC�O mme-ti'a x�ri a® I I ' {i• CALLOUT LEGEND x _ • BLOCK B n y _ KEY MAP c� a 1.•a PLANT SCHEDULE NI runnfI OWMM N&W INZE I `' I� fOCK 5 .:,,a..,.«d..e..b.. I .. _-__ -__---- ,.d ..,d...e. AR Page 125 __ _ r w------------------- e Item#7. -------- ----- ------------ - --- --------- — -------� .� r , 1 '1 II 1 Ks „ l y i w,;w• 1 d I r r 1 F a 1i w L � UF'i•'� i ' S 1 L Q rl , 1 I 4 5 1 1 M�y,�T�CH_INE-SEE SHEET LU M ME ME r 1 N TCHLINE-SEESHEETLI.3 ,._ w _ 1+ M6TCHLINE-SEE SHEET J.2 1 eeee� ME. i r� k*l—er er MEM er�eeee�■ ■■ a P.R TCHLINE-$ee SHEET 11.3 >t CITY OF MERIDIAN -- 4 LANDSCAPE REQUI SUMER 1'•1 W tV� �mmaun MLll FI- W CAKFOFU COWRY SLUM - n— -ram a ua6W]t�ffi2 1 L '\ > 1 1 r+ s M�2LINE-SEE SHEET LI.3 . MA7CHLI NE SEE SHEET Lly MATCHL INE-$EE SHEET L1,4 MATCHLINE-SEE SHEET US PHASE THREE LANDSCAPE PLAN-AREA THREE Page 7 Page 126 Item#7. MATCHLINE-SEE SHEET LU ■�rr� r rr WOOL rr rrrr*ra■ Y.M.�k Rr iffPI .■ ■�.R © y LsJ hWTCHLINE-SEE SHEET LIek MOCK 3 B�ocx a Y 4 a I ■ {{ i� - �'' 3 E — 5i■R ` � v �fy� ROAL 6 MATChLINE-SEE SWEET LI,S r r rarer i t rr�K. r rr�SUE rr��' rr� r rr�r rrr� r rr� MA'CHLINE-SEE SHEETL',5 � 4 Ll yL 4 y ` r' l r � � ' r +4,4 + +++ i + \\ i�'�'•�. r c 1` ——_ —fir �+." •;�;;�'a •,~•.•. y"'•�. � _ r } Page 127 Item#7. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2018-098361, and preliminary plat(H-2018-0052) applications approved for this site. 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(on or before August 12,2022); 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 Civil Survey Consultants, Inc, stamped by Kyle A. Koomler, dated: 9/23/2020, shall be revised as follows: a. Note#11: Include the recorded instrument number of the ACHD Landscape License Agreement. b. Note#13: Include the recorded instrument number of the permanent easement contiguous to all streets. c. Note#9: Add Lot 1 of Block 12 and remove Lot 1 of Block 10. d. Note#5: Revise the front Public Utilities,Drainage and Irrigation Easement to be Ten feet (10')wide. e. Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association. 5. The landscape plan prepared by Breckon Landscaping, dated 10/09/2020, is approved with the following condition: a) Prior to submittal for the City Engineer's signature,the landscape plan will be revised to include details of the pond and waterfall features in Lot 29,Block 12. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 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. 8. 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. Prior to final plat signature,the applicant shall provide a letter from the Pioneer Irrigation District that establishes the edge of the Statutory Easement for the operation and maintenance of the Phyllis Canal. This easement shall also be graphically depicted on the final plat. 2. Sanitary sewer manhole SSMH B-5 and SSMH D1-3 have pipe angles less than 90-degrees. Adjust these manholes so that minimum pipe angles through the manhole is 90-degrees or greater. Page 9 Page 128 Item#7. 3. On sheet 16 of 20 of the construction plans,Lot 3 has an unidentified structure on the lot with a service line going through it. If this is an infiltration trench or some other storm water structure, adjust sewer service westerly to avoid it. 4. The domestic water system in this subdivision will be owned and maintained by Suez North America. 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. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 129 Item#7. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-1-4B. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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 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. 19. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 20. 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. 21. 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. 22. 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 Page 11 Page 130 Item#7. connection to the culinary water system shall be required. 23. 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 131 Item#7. From: Sam Johnson To: Alan Tiefenbach Subject: RE: Fairbourne Date: Tuesday,November 10,2020 12:10:59 PM External Sender - Please use caution with links or attachments. We are not counting the street buffers as common spaces. Trees are shown there just as we did for the previous phases so we get ACHD's and City's approvals for the species in those buffers. SAM JOHNSON CHIEF OF STAFF From: Alan Tiefenbach <atiefenbach@meridiancity.org> Sent:Tuesday, November 10, 2020 11:59 AM To: Sam Johnson <sjohnson@scentsy.com> Subject: [EXT] RE: Fairbourne Sam, sorry to pester, but I need to know ASAP as the deadline for the clerk is today. If you are counting the landscape strips along the internal roads (Willowside, Canaston, Adale) as common open space, they need to be planted with at least 1 tree per 35 linear feet. If you're not counting them,then all is good. Otherwise, I have to condition the plat that the landscape plan will be revised prior to signature of City Engineer. Alan Tiefenbach [ Current Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 Built for Business, Designed for Living From: Alan Tiefenbach Sent:Tuesday, November 10, 2020 9:21 AM To: 'Sam Johnson' <siohnsonl@scentsy.com> Subject: Fairbourne Sam, On Page L-1.5 of the Fairbourne Landscape Plan, the Landscape Requirements Table indicates no trees are required along the N. Willowside, W. Canaston, N. Adale... buffers, although you do show some provided. Are you counting these street buffers as your common open space? If so, trees will need to be provided at 1 per 35 linear feet. Page 132 Item#7. Alan Tiefenbach Current Associate Planner City of Meridian Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 C4fE IIR�I Built for Business, Designed for Living City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org 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 133