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Z - Signed Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JANUARY 4, 2022 ORDER APPROVAL DATE: JANUARY 18, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 54 BUILDING ) CASE NO. FP-2021-0052 LOTS AND 14 COMMON LOTS ON ) 16.06 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR GANDER ) APPROVAL OF FINAL PLAT CREEK NORTH SUBDIVISION NO. ) 3. ) BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on January 4, 2022 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 GANDER CREEK NORTH SUBDIVISION NO. 3, LOCATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 4N., RANGE 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: (none), ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK NORTH SUBDIVISION NO. 3 FP-2021-0052 Page I of 3 by CODY M. MCCAMMON, PLS, SHEET 1 OF 4," 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 January 4, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" 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 GANDER CREEK NORTH SUBDIVISION NO. 3 FP-2021-0052 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(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 18th day of Janaury , 2022 By: Robert 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. By: Dated: 1-18-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK NORTH SUBDIVISION NO. 3 FP-2021-0052 Page 3 of 3 Page 193 Item#12. EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/4/2022 Legend DATE: Project Location TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0052 Gander Creek North Subdivision No. 3 LOCATION: The south side of W. McMillan Rd., approximately %mile west of N. McDermott Rd., in the NE 1/4 of Section 32,Township 4N.,Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of 54 buildable lots and 14 common lots on 16.06 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Dr.,Meridian,ID 83642 B. Owner: Union Square,LLC.— 1548 W. Cayuse Creek Dr., Ste. 100,Meridian,ID 83656 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0083—Gander Creek North Subdivision)in accord with the requirements listed in UDC 11-613-3C.2. Because the number of buildable lots are three(3) fewer and the common area is greater than shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Note:Fencing(chain-link or wrought iron) that complies with the standards listed in UDC 11-3A-6C was required to be constructed on the south side of the multi-use pathway along the Five Mile Creek Page 1 Page 194 Item#12. for public safety per condition#VIII.A.3e of the preliminary plat. The Irrigation District will not allow fencing between the pathway and the creek so that condition has been removed. 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(dated: 5/13/2019) PRELM NA9.Y PLAT GM'DER CEM NORTH SUBMMION .:.......;....:._;.fir' - -=•ram... _ _ L9 m s Q ® I - ME i M Page 2 Page 195 Item#12. B. Final Plat(not dated) PLAT SHONI NG GANDER CREEK NORTH SUBDIVISION NO. 3 Ntlb�,N _$ w .]5!' ,- MFRICIAN.CTY I OF M -A WIINIY.xAHO I ' ----�—�-��z w Ae------- F `rr" 7.,.L.r''mae 11.r._ xl L09 Rw[x xT. _ ae p'Fe ? eM.The xmhr Ee,.men1 o'"Th m �r mo xI o' 9WN,m © Q L m -xrr� N x��a,>•E,A�, 7�a"'� O O x >:� O xl �"« � r rr ,x"... d ��! " o �� - �rw n. i �_ -�oati��I mmma�I.r,� I :I I��I ♦ �� , .�..♦.� Ear Ma e�m. w[,A LEGEN9 — — _ �a� CIA 7729 os r x r �.xc d`t ea SHEEF,OF e --fJailey Engineering,Inc. oo CmLEncaEexlxc lPunxlxc lCADD GANDER CREEK NORTH SUBDIVISION NO. " --xs _rer-r f __o,Enuwr— _- ov mm-o__ __--_—__ rz --au,r r�•.16 �sov]T'se'rr - e• pp 9 L IL_ �.I •'��Q � Lm�r Q ry2l {• - xu:--�� t ��-- ���.- .- e�A, ram...mx I O cm -- J� k � -'F pF-+m-uati-cr- umE F� z°iN © �itl xl rm . 4 T10 tI :m o !I O 5 n Eli r ex __cram--� i .L--'ram__ __I y,T_,• - •-I ql' � yxxan�rx i$ fJ �' 0 R I r—w'eea'u'w x .m SCALE IN T ^ ✓-_-r,am-__J ^Lg__.r,xm.__J � ` 'aeP __� � h__—_�xrui gr�� x 'xY0.�ti�vn['ow.ri x� " r Il-�WNrNL sr,S��l q� © A.SAS O I � i�y�Rlr__O__�kl rl'/•- R �na m �— —_—_— vnr jig m --Is'��.uv, :f-"""�"- «" x:--:� A al O� ail Vr a,x amID � '.fi, � ♦sov - .x__yrr�� &� ern rw.R G_ j E 0 iT� • .min'w = i O a s��r �,, 7§ '�° H •,� � � 7729 I'-sI � a SHEEP 3 OF C-fc/ailey Engineering,Inc. CmL EncixEenlxc I Plnnxlxc IGADD Page 3 Page 196 Item#12. C. Landscape Plan(dated: 07/19/2021) m pEi a� W.MCMILLAN ROAD 9 r..,l GANDER CREEK GANDER EK i o 1 NORTH NORT W I NO. 1 N0." ! $ dn a z cW W O L GANDER GREEK ~f ' Q d SOUTH 0 Z Q W J o 0 NOTES � x�.�,w,x_.x•�.5 a. � z ll 10 / J BLOCK 11I 3mclC ?I ---�. 1 `<,j� �- \ • \- N LCS F-0�5 SF. `_---_ �I I r— � ct 1 { _ r.. o �AT�HLI E LI -K V m J r.--y MAT(:HLNE L2 r —— —— — . — — - 0 W a � w PLANT SCHEDULE NOTES J z O MAP J [C a ' 4B®Elvd a a i, iiiii in i, ,x� ww�w,.uw I: J J JE �6 _ LL Page 4 Page 197 Item#12. _ /. �ATCHLINE L1 ` S Vi iN Ja �7"i —_ — MATGRNE—3 11-— —— ———_— — -) AN x w 1 uu y I z W Ld .I r �,1 _EST, a w S^ r-F__ F'LANT sr=1 II nLl.C do I I c ® Q w } KEY MP JCL � (� s _ - IL caa m. r l N�T-GHrDULP \ `I fRFF-PI-<N fINb/s f/.KINs " � rr �d o�. •rtwxr r, r., B 5 r F Q ? 0 NnTC:: Ci SHWVB PI/.NIING e„v„> •�-,•• i V) Q1 J W rr iiirimnr n ` _ Z S _ LANDSCAPE GALGIJLATIONS z z 3� r� 1-cu�ery tV�L Z F E fESaTs Page 5 Page 198 Item#12. D. Open Space Exhibit ------ --- -- �.r ------------ ------ GANDER CREEK N6R7•H 5V6bIVISION N0. 9 �L1WH TiR.,Alf.,BLID�, m I �I:Epis.Lk.r t..FFE: m suei nn _, 0 LEGEND ° B r ,e5 nAKS h��• • .: U�� j CCMMON LOT 5 m ACREAGE rg & IIF � . � � TOTAL PARCH-16.QI ACRFS �•' II p � � ^ , i�IiL NMIEL M611Mfr3-56 �� lapgl M� VR I ER I➢ASL I �MIpEA�REEI(NQRTH SFF-RE3IDENML-51 wealn$IOu xG.I COM uaN Q S-14 qq PNN CAP MINIMUM LO'r SIZE-i0.l9 SQ.FT- 55 . � y � % R COMMON AREA�2.E9 ACRES� F -- '„�L* � � E�•�'��'- j M GR0.45OPEH SPACE{HW}-2S3 AGRE3 �j J r WALIFEG OFEN SPACE-2a3 ACRES B e t II ® I %OPEN SPACE-13.96% -P � I1 � `•� Q o Z - �,� - RACA n •II R -ND CAP/ORAINACE O Ld IF P4TMAv/:-AF,,'E ,•�� III A, l - _ ,U{ N O ` { ~ W r I E-I-I f FFE::_/= �� wall/jun.i LL O IF Fme� Z W Y 0 z �U } SNa.olk/iuR=I W w 0 m o J � 0 = Ct z F Page 6 Page 199 Item#12. E. Emergency Access Exhibit Approved by Fire Dept. ■■ ,r►� GANDER CREEK NORTH IandproDATA PHASING PLAN Valle F MIT PH #3 PH #1 PH #2 STRE T - C 0_ : 7CT _ BE EN _ THE III'0 P S NORTH SOLT�fl 'I Ll �Qwyh Hi h Suhvul Li F- 43°37'57.9B' N 116°27'3G.6D"W I°o❑dsl�v;.4 i 1 Sep 23,2021-IandprooATA.com The materials available at this wehslte are for Informational Scale;1 inch approx 1000 feet purposes only and do not constitute a legal document. Page 7 Page 200 Item#12. F. Letter from Nampa-Meridian Irrigation District From: Greg Ctutis Sent: Friday.October 15,2021 11:52 ANl To: Shaven Brownlee<s1aw•n trilagyid.ihD,cant Subject: RE: finder Creek ha%vU NMID weds Every bit of room on the south side of the proposed pathway to maintain the Five Mile Drain,this is why we required all the landscaping to be on the Nortb side of the pathway. We will end up v�ith atu e(piipment on the pathway as it is. if the fence and trees go m wee will have nowhere to work fronx. Please tell the City we will not allow the fence or trees south of the pathway_Please let me kaow if you need something more formal than this email? Thanks. Greg Greg G Curtis Water Superintendent Nampa& Meridian Irrigation District Shop 5525 E.Greenhunst Rd_Nampa Idaho 83686 Phone_208-466-0563 Fax_2(15-463-1)183 Website:www.nmid_ara Page 8 Page 201 Item#12. 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-2019-0013; DA instrument number 2019-060657). 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 previous phase final plat,or apply for a time extension,in accord with UDC 11-6B-7. Gander Creek North and Gander Creek South preliminary plats are allowed to develop as one project in accord with the phasing plan for the overall development, per the DA. 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. by Gregory G. Carter, included in Section V.B shall be revised as follows: a. Note#10: Include the recorded Instrument Number for the ACHD Permanent Easement. b. Note#11: Include the recorded Instrument Number of the ACHD License Agreement. c. The professional land surveyor shall affix their signature and date to the face of the plat sheets. d. Include the recorded Book and Page numbers of the Gander Creek North Subdivision No. 1 referenced on Sheet 1 of the plat. 5. The landscape plan prepared by Jensen Belts Associates, dated 09/20/2021,included in Section V.C, shall be revised as follows: a. A minimum of one(1)tree per 100 linear feet of pathway is required adjacent the multi-use pathway along the Five Mile Creek as set forth in UDC 11-313-12C.2.IfNMID doesn't allow trees within their easement on their property, a common lot should be provided on the subject property to accommodate the landscaping. b. In the Landscape Calculations table, include the required vs.provided number of trees along pathways that demonstrate compliance with UDC 11-313-12C.2. 6. 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. 7. The rear and/or sides of structures that face W.McMillan Rd.,an arterial street, and N. Owyhee Storm Ave., a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11 C. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. A floodplain development permit is required to be obtained from the Public Work's Department prior to any and all development within the floodplain. Page 9 Page 202 Item#12. 11. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway; coordinate the details of the easement with Kim Warren,Park's Department. 12. The Five Mile creek,which lies on land owned by Nampa&Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. 13. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement(inst. #2019-060657). 14. Submit a copy of the"final" street name evaluation letter with submittal of the final plat for City Engineer signature. Make any necessary changes to the plat. 15. Staffs 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. The sewer main in W. Quintale Street should match the existing slope of 0.44%. 2. The submitted streetlight plan cannot be reviewed because the legend does not describe what is existing and what is proposed to be installed. An updated streetlight plan will be required to be reviewed by the Transportation Coordinator prior to approval of the construction plans. General Conditions: 3. 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. 4. 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. 5. 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. 6. 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 11-313-14A. 7. 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. 8. 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 Page 10 Page 203 Item#12. Development Department website. Please contact Land Development Service for more information at 887-2211. 9. 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. 10. 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 Page 11 Page 204 Item#12. 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 F 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 24. 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. 25. 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. 26. 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 12 Page 205