OrderBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 22 SINGLE- )
FAMILY RESIDENTIAL )
BUILIDNG LOTS AND 2 )
COMMON/OTHER LOTS ON 10.42 )
ACRES OF LAND IN AN R-8 )
ZONING DISTRICT FOR )
TRADEWINDS SUBDIVISION NO. )
2 )
BY: DON NEWELL, SDN, LLC )
APPLICANT )
HEARING DATE: NOVEMBER 6, 2013
CASE NO. FP-13-039
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on November 6, 2013 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 Division and Public Works 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:
The Final Plat of "TRADEWINDS SUBDIVISION PHASE 2, LOCATED IN
THE NW'/4 OF THE NW %4 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE
1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO,
2013, HANDWRITTEN DATE: 9/26/13, AARON L. BALLARD, PLS, SHEET
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TRADEWINDS SUBDIVISION NO.2 (FP-13-039)
Pagel of 3
I OF 3," 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 Division and
the Development Services division of the Community Development Department
dated November 6, 2013, a true and correct copy of which is attached hereto
marked "Exhibit All and by this reference incorporated herein, and the response
letter from Kirsti Allphin, KM Engineering, a true and correct copy of which is
attached hereto marked "Exhibit 13" 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
e
City Clerk not more than twenty-eight (28) days after the final decision concerningthe 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 OFCONDITIONAL APPROVAL OF FINAL PLAT
FOR TRADEWIlVDS SUBDIVISION NO.2 (FP-13-039)
Page 2 of 3
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 Y
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 ZC�`'
�day of
n
By:
Tammy de r
Attest: �T3D�iUMayor, Ci of Meridian
�`''_ Jti1lCU
� 3T
�9
.� Ow
City of
IAN�-
aycee man ID,
City Clerk ` r SE
6
I TRE,�'�,A
Copy served upon the Applicant, Planning Department, Public Works Department and City
Attorney.
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TRADEWINDS SUBDIVISION NO.2 (FP-13-039)
Page 3 of 3
EXHIBIT A
STAFF REPORT
MEETING DATE: November 6, 2013 E IDIAN
TO: Mayor and City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP- 13-039 — Tradewinds Subdivision No. 2
L APPLICATION SUMMARY
The applicant, Don Newell, SDN, LLC, has applied for final plat (FP) approval of 22 single-family
residential building lots and 2 common/other lots on in zoning district. 10.42 acres of land an R-8 (medium -density
Subdivision.
This is the second and final phase of development for Tradewinds
II. STAFF RECOMMENDATION
Staff recommends approval of the Tradewinds Subdivision No. 2 final plat subject to the conditions
noted below. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number FP-13-039 as presented in the staff report for the hearing date of
November 6, 2013, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP-13-039, as presented during the hearing on November 6, 2013 for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP- 13-039 to the hearing date of (insert continued hearin date her
for the following reason(s): (You should state specific reason(s) for continuance.) g e)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at the southeast corner of E. Victory Road and S. Locust Grove
Road, in the NW % of Section 29, T. 3N., R. lE.
B. Applicant:
Don Newell, SDN, LLC
P. O. Box 1939
Eagle, Idaho 83616
C. Owner:
Same as applicant
Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 1
EXHIBIT A
D. Representative:
Kevin McCarthy, KM Engineering, LLP
9233 W. State Street
Boise, Idaho 83714
V. STAFF ANALYSIS
on
The proposed final plat depicts 22 single-family residential building lots and 2 common/other to
10.42 acres of land in an R-8 zoning district. The
dwelling units (d.u. goss density of the proposed subdivision iss4.6
per acre with a net density of 5.45 d.u. per acre. The average lot size is 6,050
square feet (s.f.). All of the lots proposed in this phase are for single-family detached homes and
comply with the dimensional standards of the R-8 zoning district.
Staff has reviewed the proposed final plat for substantial compliance with the appro(parcel
ved relimin
Plat. A common lot (Lot 3, Block 1) was added on the west side of the ou arcel P ary
tP
#S1129223510) in which a sewer and water line exists and an easement is proposed. The easement
actually encroaches on the west boundary of the outparcel, fencing is not allowed to be constructed
within the easement area. Because the number of building lots is the same and the overall common
area has increased from 10% to 10.64% of the site, staff finds the proposed final plat is in substantial
compliance with the approved preliminary plat as required by UDC 11-6B-3C.2.
Note: In the first phase of development, a common lot was approved to the east of the outparcel
which is now planned to be deeded to the owner of the outparcel after the plat is recorded in
exchange for a water easement across that parcel along the west bounda
to construct a detached sidewalk and street buffer along E. Victory Road and install landscaping
within the common lot as shown on the landscape plan submitted ry. The developer still plans
to the pathway that was required in Lot 1, Block 1 l an s bm d with the final plat. Staff is amenable
leading from E. Fathom Street to E. Victory Road to be relocated tot Lot 3, Bloccondition k ap1. proval #6b)
VI- SITE SPECIFIC CONDITIONS
1 • Applicant shall meet all terms of the approved annexation (AZ-12-012); prelimina 1
015); and development agreement (Instrument #113014058). rY p at (PP-12-
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, in accord with
or the City Engineer's signature, the Certificate of O UDC 11-6B-
3. Prior to submittal f7
accompanying acknowledgement shall be signed and notarized. wners and the
4. The final plat prepared by KM Engineering, stamped on September 26, 2013 by Aaron L. Ballard
shall be revised as follows:
a. Correct "Arno Avenue" to read "I Arno Avenue"
b. Revise plat note#3: "...has been provided ferom..."
C. Revise plat note #8: "...egg 10.00 foot wide easement..."
d. Delete plat note #14 as it is not applicable to this phase.
e. Include the recorded instrument number on note #15.
f. Include the recorded instrument number for the ACHD drainage easement de
face of the plat (is it 36' wide?), depicted on the
Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 2
EXHIBIT A
g. Add plat note: "Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the
responsibility of the lot owner, unless such responsibility is assumed by an irrigation
/drainage entity."
h. Add plat note: "Bottom of building footings shall be set a minimum of 12-inches above the
established normal high ground water elevation."
i. Add plat note: "This subdivision is subject to the provisions in Development Agreement
Instrument #113014058."
j. driveway. Label the easement as such on the final plat. Include a note stating that Lots 7, 8, and 9, Block 1 shall be accessed via a common
5. Identify all easements that are graphically depicted on the face of the plat, including recordin
instrument numbers if dedicated outside of a platting process. g
6. The landscape plan prepared by KM Engineering, dated September 19, 2013, shall be revised as
follows:
a. The 4 trees shown within the street buffer on the berm along E. Victory Road are located
within a sewer easement and shall either be relocated within the same street buffer outside of
the easement (bushes or small ornamental trees are allowed within the easement).
connection between E. Fathom Street & E. Victory Road constb. A minimum 5-foot wide pathway is required within Lot 3, Block 1 to provide a pedestrian
ructed in accord with the -12C. A minimum 5-foot wide landscape strip is required on
standards listed in UDC 11-3B
each side of the pathway landscaped in accord with the standards listed in UDC 11-313-12C.
(This pathway is being relocated from Lot 1, Block 1 in the first phase of development as
discussed above)
7. All fencing installed on the site must compshown in Exhibit D and ly with the fencing plan
the standards listed in UDC 11-3A-6 and 11-3A-7Fon the east side of .encing is prohibited Lot
3, Block 1 within the water easement.
If permanent fencing does not exist at the subdivision boundary, temporary
to contain debris shall be installed around this
subdivision. phase prior to release of building permtits forthis8. Construction of the common driveway for Lots 7, 8, and 9, Block 1 shall comply with
standards listed in UDC 11-6C-3D. P Y the
9. A perpetual ingress/egress easement shall be filed with the Ada County recorder, which
include a requirement for maintenance of a paved surface capable of supportin fire ve shall
equipment in accord with UDC 11-6C-3D.8. g hicles and
10. Development on Lots 7, 8, and 9, Block 1 shall be consistent with the setbacks building
envelope, and orientation of the lots and structures as shown in Exhibit E.
H . Off -site sanitary sewer and water mains were constructed as part of has
development. Per preliminary plat condition number 2.3, the applicant will be
Provide common lots) in the subject phase, owned and maintained phase one of this
Subdivision HOA, for all public water/sewer mains outside of public right o required to
common lot shall be determined by the number of utilities within by the Tradewinds
be 20-feet wide for a single utility,� f way. Width of
said lot. Minimum widths shall
will be required over said utilitiesorp 0-fer s�a �� � fDr w n An all-weather
Supplemental Specifications and Drawings to the ISPWC, gravel access road
g Number G2, City of Meridian
Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 3
EXHIBIT A
12. A portion of this property lies within a FEMA designated special flood hazard area, zoned AE.
Contact the Meridian Floodplain Administrator, David Miles (dmiles@meridiancity or) (208 _
898-5500 x1383to verify flood zone location and development requirements. )
13. Future homes constructed in this subdivision shall substantially comply with the sam le
elevations included in the development agreement recorded as Instrument No. 113014058. p
14. Staffs failure to cite specific ordinance provisions or conditions from the preliminary lat does
not relieve the Applicant of responsibility for compliance. p
15. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent t
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works De of easements for any mains that are required to provide service. Minimum coverand eoversewero�s
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
Specifications. of City of Meridian Public Works Departments Standard
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. Street signs are to be in place, sanitary sewer and water system shall be approved and activate
fencing installed, drainage lots constructed, road base approved by the Ada County Highwayd
District (ACHD '
and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
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, and prior to signature on the final
6. The City of Meridian requires that the owner post to the City a performance sure in t aplat.
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
Prior to final plat signature. This sure �' he amount
ver
a line item cost
the owner to the City. The surety can a Posted in the e form of an irrevocable letter provided by
as
deposit or bond. Please contact Land Development Service for more information aof t 87 221 cash
7. The City of Meridian requires that the owner post to the City a warranty sure in the 2211.
20% of the total construction cost for all completed sewer, water and reuse infrastructure
duration of two years. This surety will be verified by a line item cost surety e amount of
owner to the City. The surety can be posted m the form of an irrevocable lettercredit,
for
estimate provided by the
deposit or bond. Please contact Land Development Service for more information at 88 -cash
2211.
8. All development improvements, including but not limited to sewer, water, fencing,7 urine
irrigation, and landscaping shall be installed and approved prior to obtaining certificate
occupancy, or as otherwise allowed by UDC 11-5C-1. pressurized
s of
inspection fees, as determined during the
9. Applicant shall be required to pay Public Works development plan review, and
plan review process, prior to the issuance of a plan
construction
approval letter.
Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 4
EXHIBIT A
10. 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.
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 11-12-3H.
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.
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.
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.
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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. 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.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
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, 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.
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 Engineering Department at
(208)898-5500 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
Contact Robert B. Whitney at (208)334-2190.
Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 5
EXHIBIT A
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment
inspections (208)3 75-5211. procedures and
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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
development plan approval. common areas prior to
V. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 10/24/12)
C. Proposed Final Plat (dated: 9/26/13)
D. Proposed Landscape Plan (dated: 9/19/13)
E. Common Driveway Exhibit Map
Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 6
EXHIBIT A
Exhibit A — Vicinity Map
Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 7
EXHIBIT A
Exhibit B — Approved Preliminary Plat (dated: 10/24/12)
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Tradewinds Subdivision No. 2 FP- 13-039.doc
PAGE 8
EXHIBIT A
Exhibit C — Proposed Final Plat (dated: 9/26/13)
PLAT OF
TRADEWINDS SUBDIVISION PHASE 2
A
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Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 9
EXHIBIT A
Exhibit D — Proposed Landscape Plan (dated: 9/19/13)
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Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 10
EXHIBIT A
Exhibit E — Common Driveway Exhibit Map
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Tradewinds Subdivision No. 2 FP-13-039.doc
PAGE 11
9233 WEST STATE STREET J BO1SE, ID 83714 1 208.639.6939 ( FAX 208.639.6930
October 13, 2013
Project No.:13-097
Community Development
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
RE: Tradewinds Subdivision No. 2 — FP-13-039
Acceptance of Final Plat Conditions
To Whom it May Concern:
We are in receipt of the staff report for the above -referenced final plat application from Sonya Watters on
October 30, 2013. Please accept this letter as formal acceptance of the conditions of approval contained therein.
Should you have questions or need any further information in order to place this item on the Council's consent
agenda for November 6, 2013, please contact our office as soon as possible.
Sincerely,
KM Engineering, LLP
� r
Kirsti Allphir, J
Development Assistant
ENGINEERS I SURVEYORS J PLANNERS
www,kmengilp.com