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Z - Signed Order Item#10. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 23, 2021 ORDER APPROVAL DATE: MARCH 9, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 33 BUILDING ) CASE NO. FP 2021-0003 LOTS AND 6 COMMON LOTS ON ) 8.94 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT WARRICK FINAL PLAT NO 4. ) BY: SCHULTZ DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on February 23, 2021 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 WARRICK SUBDIVISION NO 4, LOCATED IN THE NW 1/4 of the NE 1/4 OF SECTION 32, TOWNSHIP 3N, RANGE TP, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: �ANUARY 11, 2021, by GREGORY G. CARTER, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(WARRICK FINAL PLAT NO 4—FP 2021-0003) Page 1 of 3 Page 175 Item#10. PLS, SHEET I OF I," 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 February 23, 2021, 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, 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(WARRICK FINAL PLAT NO 4—FP 2021-0003) Page 2 of 3 Page 176 Item#10. 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 9th day of March , 2021 By: Robert E. Simison 3-9-2021 Mayor, City of Meridian Attest: Chris Johnson 3-9-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-9-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(WARRICK FINAL PLAT NO 4—FP 2021-0003) Page 3 of 3 Page 177 EX H I BIT A STAFF REPORTC�WE IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 2/23/2021 Legend DATE: ff TO: Mayor&City Council lei --e- Lo fl-fian FROM: Alan Tiefenbach,Associate Planner 208-489-0573 Bruce Freckleton,Development Services Manager SUBJECT: FP 2021-0003 Warrick Final Plat No 4 x LOCATION: 5190 S. Cameros Way. in the NW /4 of the NE '/4 of Section 32,T.3N.,R.IE. I. PROJECT DESCRIPTION Final plat consisting of 33 buildable lots and 6 common lots on 8.94 acres of land in the R-4 zoning district. This is the fourth and final phase of the Warrick Subdivision. II. APPLICANT INFORMATION A. Applicant Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Calistoga Partners,LLC—2275 S. Eagle Rd# 185,Meridian,ID 83642 C. Representative: Schultz Development—PO Box 1115,Meridian,ID 83680 III. STAFF ANALYSIS The preliminary plat for this development was approved by City Council on 12/6/2018. The preliminary plat consisted of 130 building lots and 19 common lots. The final plat for the third phase was approved by Council on 6/9/2021. This is the fourth phase,consisting of 33 building lots and 6 common lots on 8.94 acres.All development shall comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-4 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. Because the final plat depicts the same number of building lots and qualified open space as shown on the approved preliminary plat, Page 1 Page 178 Item#10. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. The only amenity that was approved with this phase was the pathway shown in Lot 15, Block 7. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 10/02/2018) .--jam __ _ ___--_ _ _• F ii lE LET Li �' Q IDII O i -E rx - — � I. -EIY .N-R-CF.1 I. rrr B a r CD • - - E T1.I -1 T P c I.6 .T._.E'l l F fr _ f _µ F e- t r x i 33'TWICAL STREEF SECTION Q IIIIL l , I' d r IFf' � I [•T [ R I E b ra�9ne 1 TF.F T.Nd a. F � L (D iYEN Ip,E• `4J 4 Ir ITI T r F — ' - HE II E F•• ri • lJ 4J LJ VP /s.:l _ \� -E E.T WII ° I r r 4. a e. - .r I . •�.- e 2 34'TVFICAL STRFFfGTI s SEC 14 r 'TANDARD STRI F iH 1.. , T �.. _. _ . - ryry. ��_}} I'rr;;_�yy 4 • \Ll , iL EEiF E - N� I. rr�� Q Q Q l'l t::f V L'J yl �t, a arz m III . r I 1 V �J F J I F 4 1 El c IE T TO 0 — II a L (� EQ O Q _ • ' ,a �� i`' a Ck O Q fl O fl . OD ro I I .crxr�.r. rl V T _ITHEF'i Hl_HLLOJL`. -'I- Page 2 Page 179 Item#10. B. Final Plat(date: l/11/202 1) LDUAMD IN THE N14 1/4 OF THE NE 114 PE SECTION .32, T-M., RAE, O.M., ADA COUNTY, IDAHO 2021 b P�o wv cw PK I/d WrOWE 'If r omNlRlli wrm NANR&ff sVarWMJOA JdfL; ff""Lqt wr m:at- WAMWN nNW&W AV 9 -- ------ ------ -- ---------- r �j 0 W44 vi nue NUI, 1 305v- 0 q p re, Oro,, ;Id JL Alm wFui-4G1NL Irr, ---- --------- - - ----- - :M&Ts EL32 =MVh%W Jffi Page 3 Item#10. C. Common Drive Exhibit(date: 1/13/2021 C) E. SAWTELLE PEAK IT, 5' LANDSCAPE 0' COMMON DRIVEWAY 9 2 0' (3 5151 0 5' cm WARRICK 4 COMMON DRIVEWAY EXHIBIT Page 4 Page 181 Item#10. D. Preliminary Plat Landscape Plan(date: l/14/2019 O O Q 0 O Q O n Q. 'n O AND © o- FOOI c.ls-c r� L'Ra IL M^n - i ( V S n r� Q i.A4�lAR 5'FFf- � � 1 I � V 00 ° 5 S."Rlld�nF�i RIFT 0 y v OleAul[n S'H.L' y v o � � PluenusTF£F.r �- Q .: E. Final Plat Landscape Plan(date: 11/12/2021) '" -i- T _ 1 - --I - - - --- - -- - , -1 IT I � 1 1 L - J�3 . -•'' E SAWi$,.E PENC srREbr 1. E$AWia1E PEAK 1 p O Q G O O C D I p p C ---T-- - r - 1 -- -- t n --? 41 - - OVERALL LANDSCAPE PLAN • - nl A- 1,rn,RR v Page 182 Item#10. F. Emergency Access Exhibit(date: 1/25/2021 WAWCA-S' BDI VISION NO 4 LOCATED IN THE NWI 7/4 OF THE MC 3/4 of %Q-ton 42, TJN,, R!F-, LCtlEII Q.M., ADA COUNN, OAN0 f4— 2021 {7 ahow� nM•�rm �h eau iwrr+.rr aree� X e ny��u.MN rrr.rarer ryes A -wl WpOk � ■e Mots.yaw i�ww3e titnN*r,nt ua�e n tt�A e_ti: I � �wr-mow.•x wr . k+eia�utt NAVwtiw'.•t rL•atlrridlM.Y sa FF I' r - �_1__.fVM'775—• 'r�it �` 41A'r __i W-- x krt1+ _ �rrn ar iusr R er. �vnm' AX.T.,.ar ws- Z 1iYyrn 111'CM Err. _ ,a,i Mrll#Y1;#M ii6;— mod FL Y rnYSl¢6-r 1NsxLINIL•s��C�1N�mA'xJ.� r *ruOr! MCA=WMML _ u ' �Yx�orrtepm iru air-u4,v�s��:ao rimmrt r•n�.rv� .x xo-UR. �vro wa w��u AY � � � e9CIS PDT - ■■ rw7M uranrr r.,e ti SHMTT I OF i GROUP,LLr. Page 6 Page 183 Item#10. 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-2018-0115,Development Agreement#2019-019693). 2. The applicant shall obtain the City Engineer's signature on the subject final plat by 1 1/19/2022, or apply for a time extension, in accord with UDC I I-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 Gregory G. Carter,Idaho Survey Group,dated 1/11/21 is approved with the following revision: a. Remove Note No 10 regarding the pedestrian easement as it is not part of this phase. b. Add the following notes to the final plat: i. The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. ii. 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 Land Design, dated 1/12/2021, is approved with the following revision: a. A note shall be added to the landscape plan that indicates if there are any existing trees on the subject property that are four-inch caliper or greater and how they will be mitigated as set forth in UDC I I-3B-IOC. 6. The ACHD drainage pond proposed on Lot 33,Block 4 shall be landscaped in accord with UDC 11-3B-I IC. Prior to signature on the final plat,the applicant shall provide a detail of the pond design that demonstrates compliance with the aforementioned standards. 7. 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. 8. The applicant shall comply with the common drive exhibit attached as Exhibit C. 9. Future development shall be consistent with the conceptual building elevations included in the Development Agreement. 10. 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. Contact the Meridian Postmaster Sue Prescott at 887-1620 for more information. Page 7 Page 184 Item#10. B. Public Works Site Specific Conditions: 1. Two additional streetlights are required on E. Sawtelle Peak, in order to meet spacing requirements of drawing 6c of the Meridian Design Standards. One light should be added near Lot 9,Block 8 and Lots 17/18,Block 6. One additional light is required on S. Colusa Ave to meet spacing requirements near Lots 30/31,Block 4. General Conditions: 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. Page 8 Page 185 Item#10. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-14B. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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 Page 9 Page 186 Item#10. (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. 23. 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. 24. 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. 25. 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 10 Page 187 Item#10. Charlene Way From: Alan Tiefenbach Sent: Thursday, February 11, 2021 8:04 AM To: Adrienne Weatherly; Charlene Way; Chris Johnson Subject: FW: Warwick No 4 Response to qualified open space for Warwick NO 4. 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 Built for Business, Designed for Living From: Matt Schultz<schultzdevelopment@yahoo.com> Sent:Wednesday, February 10, 2021 9:48 PM To:Alan Tiefenbach <atiefenbach@meridiancity.org> Subject: Re:Warwick No 4 '::xd:eirur:d: Sender der-Please use caution with links or attachments. Alan, looking at that original open space exhibit....we didn't count any areas in Phase 4 for qualified open space except for the 8'park strips which we still have. I totaled up all of those SF callouts and they equal the overall 5.57 acres of qualified open space on the site. Essentially, Phases 1-3 provided all of the qualified open space. Matt Schultz Schultz Development LLC (208) 880-1695 On Wednesday, February 10, 2021, 12:27:52 PM MST, Alan Tiefenbach <atiefenbacha-meridiancity.org>wrote: There are no areas listed on the final plat or the landscape plan. Are the qualified open spaces as shown on the exhibit the same square footages of what is shown on the Phase 4 landscape plan? I can scale them out approximately, but can't get it down to the foot. 1 Page 188 Item#10. Alan Tiefenbach I 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: Wednesday, February 10, 2021 10:50 AM To: Matthew Schultz <schultzdevelopmenta-vahoo.com> Subject: RE: Warwick No 4 This might help. Thanks Alan Tiefenbach I 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: Matt Schultz <schultzdevelopmenta-vahoo.com> Sent: Wednesday, February 10, 2021 10:48 AM To: Alan Tiefenbach <atiefenbacha-meridiancity.org> Subject: Re: Warwick No 4 ':'Xteirind Sender-Please use caution with links or attachments. typically don't do them for individual phases since we conform overall to the original preplat that had an open space exhibit...see attached 2 Page 189 Item#10. Matt Schultz Schultz Development LLC (208) 880-1695 On Wednesday, February 10, 2021, 10:42:52 AM MST, Alan Tiefenbach <atiefenbacha-meridiancity.org>wrote: Did you prepare an open space exhibit for this one? Alan Tiefenbach I 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 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. 3 Page 190