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Hensley Station No. 2 FP-2020-0011 Final Order Item#5. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 8, 2020 ORDER APPROVAL DATE: DECEMBER 22, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 26 BUILDING ) CASE NO. FP-2020-0011 LOTS AND 3 COMMON LOTS ON ) 2.01 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT HENSLEY STATION NO. 2 ) BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on December 8, 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 HENSLEY STATION SUBDIVISION NO. 2, LOCATED IN THE SW '/4 OF SECTION 10, T.3N., R.IW., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 10/15/2020, by CLINTON W. HANSEN, PLS, SHEET I OF 3," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HENSLEY STATION NO. 2 FP-2020-0011 Page 1 of 3 Page 78 Item#5. 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 8, 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, Kent Brown Planning Services, 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 HENSLEY STATION NO. 2 FP-2020-0011 Page 2 of 3 Page 79 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 22nd 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. 12-22-2022 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HENSLEY STATION NO. 2 FP-2020-0011 Page 3 of 3 Page 80 Item#5. EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 8, 2020 Legend DATE: ff TO: Mayor&City Council FN R Ir FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0011 Hensley Station No. 2 RUT- M-E LOCATION: 462 N. Black Cat Rd., in the SW 1/4 of M1 - Section 10,Township 3N.,Range 1 W. I T 1 W8 I. PROJECT DESCRIPTION Final plat consisting of 26 buildable lots and 3 common lots on 2.01 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Dr.,Meridian,ID 83642 B. Owner: Providence Properties—701 S. Allen St., Ste. 401,Meridian,ID 83642 C. Representative: Kent Brown,Kent Brown Planning Services—3161 E. Spri ngwood Dr.,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0120) in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-613-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number Page 1 Page 81 Item#5. of buildable lots and common open space are the same; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. The internal private streets were approved with the preliminary plat and the Purdam Gulch Drain was allowed to remain open and not be piped. Note:Preliminary plat condition#A.3b required a total of 223 additional caliper inches of trees to be provided on the site for mitigation based on the original inspection by the City Arborist of existing trees on the site anticipated to be removed with development. Since that time, it's been determined that more trees than originally anticipated are able to be retained reducing the calculation to 136 caliper inches required for mitigation—the landscape plan depicts an additional (68)2-inch caliper trees as mitigation in accord with UDC standards (see letter from Landscape Architect in Section V.Q. 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(dated: 10/7/2019) 4L 11 1; E l l l t ■ r Y F ■ • a 13 w Page 82 Item#5. B. Final Plat(dated: 10/15/20) "fit 80"—.PAGE UgH;LEY rf r+7r wr hFr.u.v,5 - � LOCATED iN THE sw irs of SECTION IQ,13H,RtVP,a,fi. CffY OF MERPOIAN,AAA C"TY,IEAHO e�s+IRlk wr�I- r r+,r rr,s�r.rt��•�. w 1.1 - - [r.",'i 54u14 4•Fi51fl'' ±�' _ � .R =} RfY ..rcA 1�1 _ �--a y •�7�x.,+ �___. � +r Y i,-F-•may'! ili LO'iaf av�a u. 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[?� __�^.ly1bL M(oua4rxill�.i.•lnr •��al..gram}f�4 ro rrrr�n^�,a.94T!<94 K+41�* }��Qi a' .. � y +�•a•na��wri Nb.✓L Nc uaK.im.t_orra.ri-aWYrlaro�ar�s uhAyl�r�r F � + tAM1w raw afaM+dioh5+a lilYrYrbJa4. . - •SIP'•-W IV��d/R+T++/W•iW TW,7iii.+t4k#�FT•[0HR•RNLRWIITOiW�04�V ' �' � r�u�ivr H'�ia;��ya.��a���rd v�irs•^'��d,_ro�r'�ia��� I �•,�'�'�++.7.7�r �i�` .. � � or�ai.rk.w+.,.._ry...r.o.n,a•�r.er_�+.r�rr. ■um SYL go" aav , �rtor�r- •+wrrcr*ai•r�wn+�l xi,aawn�l�5+•cxnerlYa�,�rr� rwtrrrr��+ L J — — w�e5��•r,x.*.iw.•ucc,nt��ai,•.•n•.ru J v*•�ra•�71 Mu4�01rK+[[mmro��NR� ma c° ■mum M ■ a I+r 4s6futfons wlr r.� JrIr mn n� o.Iwr �� a1MbYt SHEET t QF 3 Page 3 Page 83 Item#5. C. Landscape Plan(dated: 04/20/2020) PRQMCT JEJ [A JLI1 r—ri. NQAKMM— YAP II ! _ •uSo.'�a;A��.4I W 7►!IFIGY !pe.ew��a� t ..� !v�l sl.µ'. LC!'.14R -1'T,•vm�S E7 1cal!L �l9r.O dl!-0 tErERlLTi'x-}•r•��hU'E9 � ~ r. I nl.�l�e�.Ibobla,,L: IGGENo rk'' _ `"7 ] CMoaevu rM;.": a R -- ti, .. m LS.O 1 _ T ! T —s n �-�. .L L. _,..ram IEUnh _ WL :$}'ry 1 "'..•'A. � I 'F''�:`��'' .mot �. Lm�Pion F fir. Imo— i cc°' ' + rF�;,.,�•--. JI ZJ- -, L+QIo6t�PE FSAH6-141L4Sd Ceti ANC lwo r;,.ti—y_r "� - ,. -.- L1.I Page 84 Eil LEUM T" raenxare: O- " ,.. r � � i i i i i i l i i i i � � •1 _� _ � IWIMAIMMINN®R it. Vff ' 20 is Zorn- TV ,.. xVA---' it ^•,.�— =7 p r7ror•.�MxrxTh� 7J"k�k � • ^ "' " --" d- t r arw}cuorcnrwm4o f #fdf711i� ii - � �� —er= �...... -��F.�-sae• I. . . .. . . '.t�.'.fx — AMR�T-::r.. ���, .a� •", rwrtinrytti� + Page 5 Page 85 Item#5. Jay Gibbons <gibbons@sbbgo_com> ■Sonya Allen; Kent Brown{kentlkb@gmail.com] - 10:52AM Hensley#1 FP -Tree Mitigation 0 You replied to this message on 6f5/202010:52 AM. v Sonya, This email answers the questions regarding tree preservation and mitigation requirements on the referenced project. The condition of approval on the final plat application spoke to a total of 223 caliper inches being removed. During the course of preparing plans for final plat and construction,we have revised the lan;lsca oe J rawi nos. Per our CLI Trent elan set,dated 4-20-2020,we ind icate that aae reduced the number of exi sting trees being removed. This nev,total:eq wires 136 caliper irches to be mitigated for. The landscape dravring L1.D shows required landscape calculations, These ca I cu lations for all required landscape buffers,parking lots,pathways and open space show an extra forty-one(41)2"caliper trees to be planted. An additional twenty-seven(27)2"caliper trees will be planted in residential yards above what is required. Th=s tota Is 63 add itionaI trees being planted on the project in excess of the minimum requirements. The proposed fib trees equate to 136 caliper inches v� hich equals the 136 caliper inches required to be mitigated. We are saving an additional 321 caliper inches of existing trees. These are not counted toward any required landscape requirements,they are simply for the City's information of how many trees are in fact being saved. I hope that this message answers the City's questions regarding satisfying the tree preservation/mitigation requirements as conditioned in the preliminary plat approval. Please let me know if you have any questions or need additional information. JJJJFM SOUTH mm WE 13I R D 7AY A-GIBBONS,PLA,ASLA _.._ . ......... EuDIS�,ID.83T05 �6om�abb�-coat]�ellniwsP�bp_o.eom+ Page 86 Item#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-2019-0120; Development Agreement Instrument Number 2020-029370). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the first 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 Land Solutions stamped by Clinton W. Hansen, dated: 10/15/2020, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing City of Meridian water and sewer easement on the face of the plat;remove reference to cross-access easement. b. Note#6: "Lots-52-and 57,Block 1 are is a common lots to be owned and maintained by the Hensley Station Homeowner's Association or its assigns. Said lots-afe is covered by blanket easements for public utilities and Hensley Station Homeowner's Association pressure irrigation." The area shown as Lot 52 is an easement on buildable lots and is not a common lot. c. Note#8: Include the recorded instrument number of the Development Agreement(#2020- 029370). d. Note#9: Include the recorded instrument number of the ACHD License Agreement. e. Note#10: Include the recorded instrument number of the CC&R's. f. Legend: "City of Meridian sewer and water,public utility and perpetual injress-egress easement." g. Depict zero(0)lot lines where buildings will span across lot lines. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by South,Beck&Baird,dated 04/20/2020, included in Section V.C, is approved as submitted. 6. Two(2)benches shall be provided with the fire pit amenity and more than one picnic table shall be provided with the shade structure/picnic area amenity as approved with the preliminary plat. 7. All structures(i.e. single-family attached and townhome dwellings)proposed in this development are subject to the design elements contained in the Ten Mile Interchange Specific Area Plan(TMISAP) and the design standards listed in the Architectural Standards Manual. Design review approval of the proposed structures shall be obtained prior to submittal of building permit applications.A Certificate of Zoning Compliance is not required. Building materialsshould be high quality, such as terra cotta, natural stone, clay-fired units, or other approved masonry materials for architectural details or accents—the strongest use of such should be reserved for street level windows and entries. 8. 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 Page 7 Page 87 Item#5. of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 11. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4.All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curbs exists next to the drive aisle,it shall be painted red. 12. 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 street light plan will need to be included in the Subdivision construction plan set. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 2. The 10-inch sewer line stub to eastern property needs to end in a manhole since the eastern property is not a phase of this development. 3. Provide a 14-foot wide access roadway per the City Standards to the manhole at the eastern property. All manholes must have an adequate path for access. 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. 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 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 Page 88 Item#5. 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 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 Page 9 Page 89 Item#5. 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. 26. 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. 27. 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 90 EXHIBIT B Item#5. From: kent brown To: Sonya Allen Cc: Adrienne Weatherly;Charlene Wav;Chris Johnson;Bill Parsons Subject: Re: Hensley Station#2 FP-2020-0011 Staff Report for Dec.8th Council Mtg Date: Thursday,December 3,2020 2:54:02 PM Attachments: imaae006.pna External Sender-Please use caution with links or attachments. Sonya after reviewing the conditions of approval the developer understands the conditions and will comply Kent Brown On Mon,Nov 30, 2020 at 4:15 PM Sonya Allen<sallen&meridiancity.org>wrote: Attached is the staff report for the final plat for Hensley Station#2. This item is scheduled to be on the consent agenda at the City Council work session on December 8th. 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 (cityclerknmeridiancity.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 ��BP,JDIA 11] FLU Built for Business, Designed for Living 0®©00 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 91 Item#5. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 Page 92