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Acclima Subdivision FP-2022-0020 Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 9/6/2022 ORDER APPROVAL DATE: 9/13/2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF ONE (1) ) CASE NO. FP-2022-0020 BUILDING LOT ON 6.70 ACRES OF ) LAND IN THE M-E ZONING ) ORDER OF CONDITIONAL DISTRICT FOR ACCLIMA ) APPROVAL OF FINAL PLAT SUBDIVSION. ) BY: THE LAND GROUP, INC. ) APPLICANT ) This matter coming before the City Council on 9/6/2022 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 ACCLIMA SUBDIVISION, LOCATED IN THE NE '/4 OF THE SE 1/4 OF SECTION 324, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 5/31/2022,by JAMES R. WASHBURN, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ACCLIMA SUBDIVISION(FP-2022-0020) Page 1 of 3 SHEET 1 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 and Development Services divisions of the Community Development Department dated 9/6/2022, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Matthew Adams, The Land Group, 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 ACCLIMA SUBDIVISION(FP-2022-0020) 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 13th day of September 2022 By: Robert E. Simison 9-13-2022 Mayor, City of Meridian Attest: Chris Johnson 9-13-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-13-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ACCLIMA SUBDIVISION(FP-2022-0020) Page 3 of 3 EXHIBIT A STAFF REPORT C�WEIIQI !iv�*-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/6/2022 Legend DATE: �Prnjeot Lacaftr � TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2022-0020;A-2022-0150 Acclima Subdivision(aka Aviator Springs) / LOCATION: 3235 N. McDermott Rd., in the SE 1/4 of Section 32, TAN., R.1 W. f h5 r I. PROJECT DESCRIPTION Final plat consisting of one(1)buildable lot on 6.70 acres of land in the M-E zoning district for Acclima Subdivision.Note: This is the second phase of the Aviator Springs preliminary plat(H- 2021-0065). Alternative Compliance is also requested to UDC 11-3B-7C.3,which requires street buffers to be planted with a variety of trees, shrubs, lawn or other vegetative groundcover. The Applicant proposes to plant an orchard on the northern 1/3 of the parcel in lieu of providing trees within the street buffers along future SH-16 and N. McDermott Rd. The reasons for the request are contained in the Applicant's narrative. The Director supports the Applicant's request with conditions requiring shrubs and vegetative groundcover to be provided within the 35-foot wide street buffers along N. McDermott Rd. &future SH-16 per the standards listed in UDC 11-3B-7C.3; and for the orchard trees to be dispersed evenly over the entire northern portion of the site. II. APPLICANT INFORMATION A. Applicant: Macy Lui,The Land Group, Inc.—462 E. Short Drive, Ste. 100,Eagle,ID 83616 B. Owner: Scott Anderson—500 Riverheights Dr.,Meridian,ID 83642 C. Representative: Same as Applicant Page 1 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(Aviator Springs H-2021-0065)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 I I-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots or amount of common open space; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Note: The right-of-way for future SH-16 has already been dedicated to ITD; therefore, it wasn't included in the final plat. 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: 12/2/2021) �_ - vein g xaP THE LAN uP ir:• =1.ill=.i.1.=dl�1=$_.: ::>I�I�! a :',c,; re9en�: PmOenfOmer. _ r II --F Irrn'- YY f 'L—o� J "''"•- r.�,',.•l;:' —..— ......,.....oi.. Plann er,Engineer,Lantlsca:e Ait-'.e:F. — C I: i r41Wl�1=i TI _ � -EI—iIW �„ .. � aen.nmafk.NAVD-Ba natr.m �L L JL JL_Ip LJLJI JLJ l I r nr r. R2r "�•'' —�y�•I.�•.v:Iril�iN 3 Inning Heq emenla. J ,,.e.� L J__L JL JL•� i Preliminary Plat-Overview i I PP-01 B. Final Plat(dated: 5/31/22) Final Plat for Acclima Subdivision Located in the NE 1/4 of the SE 1/4 of Section 32. Township 4 North,Range 1 West,Boise Meridian City of Meridian,Ada County,Idaho 2022 o Notes �r � I I I�� - uo nrtun,wu�xrsnre rt�e,vm w°��.,,eauso,c rsixr,°rt as I I �,aux urE^swu ae 1` I j � I� � sac.,,eu.vwmorEoervnwRw'�in®�u,°„eaex�ua�r��un�.�° scale:l-=1oa e�,n,me,r,Emwm x,eva wrtw.irtrvennwl a:-rtcr wrt s Curve Table I 'i I In7Rm� ! T-2 1 i i l Legend �1— �msart®a.sawx1 w a a «Port w rtaea.�w,«,fa n° 1 f i i I �ro,2rta�a�,� IEI C I I I r,maysnc _ I I � as,am ` um uo rrtarwarc I II l ® cuuxn,®mn�„ee�n �-�,m ssiwenn eal�en.°n�zrt�uh m�� f1 l � • f snn a 'q Om� s .� 0 6w,a �srt��a�a,�wieE rm�°nw,wraN®ar,He rr . j �art°tea °� Ce- 2 I 13 + I Iw � I ,I (r1f � r�rracwav I I I n�c�nv nev ve Survey N8CC0�tIVia rw¢„emorertY.,,emn� ff+f I� II I usrouw�noxf�u�ew,,.u,wemes I I I m°z w+R,�s���szs,m reuiome f I I ' rf I I o@°i°r°sm�iEse�zrnz zvea mF«��am.wum�u�u. s 4:` f eu � I I Netelenced Surveys I I I I II II I s,ne move, 31wJVTHE LAK D -GROUP Page 3 C. Landscape Plan(dated: 07/12/2022) 011 Elul �� u.:e im o.vaoai •� � O �5� c I V 1 A11110YA AM MAN ONV HO'NV3 3a 1fWI1JJ1f L — — — — j y ! 8� - ° � • PC S � 1 �� r� Y X gei'p-• �Y � ■ e P■ tl �4 Nil is !1 ,; j Y l % e � L1�,.CP C• Y �� ° g s }I ■fig %e..�IM pi s1 ss � �I�� 1111, � r e r r s A ■ I ft a Fla 311 OIN ALIT 1N3WJ013A30 ONE! 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J4 14�1�1 '4 . . . . . . . .4 1 1 1. .1. f4 4 4 + f f f + 4 44 + +'j !X%%�4 1 %t4tItI%'1'ItIt4 1+%%%% 1 4 t I I I t, • 4 4 . . . +%%+ 4 f f + 4 4 1 4 4 l I 1 4 + + + + . . . . ... . .� .� I I 1 4 1 1 . . I I 4 4 4 * + + 4 ——————————————————————--� ————————— . . . . . . . . . . . . . . . . ... . . ... . . .. . . . . . . . . . . . . Page 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. #2022-026378) and preliminary plat(M-2021-0065) 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 Engineer's signature on the previous phase final plat(Aviator Springs No. 1 FP-2022- 0013); or apply for a time extension,in accord with UDC 11-613-7. 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 The Land Group, stamped by James R. Washburn, dated: 5/31/2022, included in Section V.B shall be revised as follows: a. Depict a minimum 35-foot wide street buffer along N. McDermott Rd., an entryway corridor, in a common lot or a permanent dedicated buffer in accord with UDC 11-313-7C.2a. b. Modify plat note#7 as follows: "The landscape buffers shown hereon shall be owned an maintained by the prope owner." A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by The Land Group, Inc., dated 7/12/2022,included in Section V.C, shall be revised as follows: a. Depict shrubs and vegetative groundcover within the 35-foot wide street buffers along N. McDermott Rd. and future SH-16 in accord with the standards listed in UDC 11-3B-7C.3a. Alternative compliance was approved to the standards in UDC 11-3B-7C.3b, which require trees within the street buffer, to allow an orchard in lieu of street trees on the northern 113 of the property within the street buffers along future SH-16 and N. McDermott Rd. b. Evenly disperse the trees in the orchard over the entire northern portion of the property. The orchard trees are not required to be installed until the time of lot development. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. 6. All stormwater swales incorporated into required landscape areas shall comply with the standards listed in UDC 11-313-11C. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the M-E zoning district. 8. All fencing shall comply with the standards of UDC 11-3A-7C. 9. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 10. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. 11. 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 1. Site Specific Conditions: 1.1 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. 1.2 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. 1.3 Sewer/water easement widths varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Adjust easements accordingly. 1.4 Ensure no sewer services pass through infiltration trenches. 1.5 Water Main blow-off required on W. Becky Dr per City standard drawing W 12. 1.6 Unless there are approved development plans for parcels R0486000210 and R0486000450 do not provide water service stubs. If these are not located correctly the developer of those lots just end up having to pay to abandon them. 1.7 Crosses and tees in arterial road(McDermott) are required to have valves in all direction. Add a valves where missing. 2. General Conditions: 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 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 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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 prior to receiving development plan approval. Page 9 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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. 2.7 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. 2.8 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 procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 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. 2.17 The design 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. 2.18 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. 2.19 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. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridianciU.oMlpublic_works.aspx?id=2 72. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse 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 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. 2.22 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,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Page 11 VII. Findings In order to grant approval for an alternative compliance application, the Director shall determine the following: 1. Strict adherence or application of the requirements are not feasible; or The Director finds strict adherence to the requirements in UDC 11-3B-7C are feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant's proposal to provide an orchard on the northern 113 of the site in lieu ofstreet trees within the street buffers along future SH-16 and N.McDermott Rd. a superior means of meeting the intent of the standards in UDC 11-3B-7C. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds the alternative means of compliance will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. EXHIBIT B Sonya Allen From: Matthew Adams <matt@thelandgroupinc.com> Sent: Tuesday, September 6, 2022 3:29 PM To: Sonya Allen; Clerks Comment Cc: Bill Parsons Subject: Re:Acclima Sub FP ALT FP-2022-0020 REVISED Staff Report External Sender-Please use caution with links or attachments. Thank you Sonya We are in agreement with the staff report. Matthew Adams From: Sonya Allen <sallen@meridiancity.org> Sent:Tuesday, September 6, 2022 1:54:30 PM To: Clerks Comment<comment@meridiancity.org> Cc: Matthew Adams<matt@thelandgroupinc.com>; Bill Parsons<bparsons@meridiancity.org> Subject:Acclima Sub FP ALT FP-2022-0020 REVISED Staff Report Chris—please include the attached updated staff report in the Council packet for today's pre-Council meeting. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 �E Built for Business, Designed for Living 0®©0 13 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. 1