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Aegean Estates No. 4 FP-2022-0030 Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 27, 2022 ORDER APPROVAL DATE: OCTOBER 11, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 40 BUILDING ) CASE NO. FP-2022-0030 LOTS AND 6 COMMON LOTS ON ) 9.92 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL AND R-8 ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT AEGEAN ESTATES NO. 4. ) BY: ENGINEERING SOLUTIONS, ) LLP ) APPLICANT ) This matter coming before the City Council on September 27, 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 AEGEAN ESTATES SUBDIVISION NO. 4, LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 4N., RANGE 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 07/26/2022,by CLINTON W. HANSEN, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 4 FP-2022-0030 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 September 27, 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 Becky McKay, Engineering Solutions, LLP, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 4 FP-2022-0030 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 1 lth day of October , 2022 By: Robert E. Simison 10-11-2022 Mayor, City of Meridian Attest: Chris Johnson 10-11-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-11-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 4 FP-2022-0030 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/27/2022 legend - DATE: Iff Prc jE-1 Lc=liar C-15 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 � SUBJECT: FP-2022-0030 Aegean Estates No. 4 RU T LOCATION: Generally located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd.,in the NW RUT 1/4 of Section 33,TAN.,R.1W. ' 7-111 I. PROJECT DESCRIPTION Final plat consisting of 40 buildable lots and 6 common lots on 9.92 acres of land in the R-4 and R-8 zoning districts for the fourth phase of Aegean Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0114)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 11-6B-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 of buildable lots is the same and the amount of common open space increased. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 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: 7/31/2017) i_r i 4 � i i - -`r��_4�•�, r 1't 1 1'i 'w--� �f'` }.. �.ili..,.. lj 71 .wa.o®nc n..xs scum ate. t----tea yt I I �• + ' i� ~-'� ---� �y'r _-`y I - ..- , F__ �' � !� +'. G�--_�Sim--f__rt_--i` j' 'lrli,' I � - f ~ �4 ,1 � • 'L 5'!R� �__ WE zW,rcrs § !E E �gyyyi4e A .t a � - - r'�T 'i -a 's o-a Y� e y I � I"_ �'• y �gg --- --_--.__—_— �i ! t! k,E A� m i� _ .7. e�.e e�• .�.e.tea � � �•�"�" IM, 1aa14f •-� minM-----T-------Y----- u•eie%WPr•�em,uH � � * sm ,OF 5 i i eLr PRE-1 B. Final Plat(dated: 7/26/22) PLAT SHOWING WQK.—,PAGE JMOMAX EST MA Iilow BUBDIrV rS' GN No. „mr LOCATED IN 11L SW 1/I CF IHIE NW 1/1 OF SECTION 33, 1.1N_ H.M.. "ERIDIAN, AOA LEA zs'za�0a CQUN TY, IDAHO 2022 NS;awwP-PFr we , <)QIIFIIIINE I IAr IIIE I I F�Psc(p.LN{ I� I i - I I __. .. P♦I®y1C U11NY,PiE59.lE MiiA1N, I 'yEko Ulm ST.,- REeiL EASIN{Nrt I+X[- - AE4EN1 EST111E5 AW.N1 r _______ Pil.p F_W.9 lean 1 - -. 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Landscape Plan(dated: 08/16/2022) T --j--- t+nr scr,ec ok kt Ft 44 ~ H 1 II�' � �� ` �_� � ��. • . a_ aft t •. { 4V�lY��� yI��I�IF Ll ,.u� Fitt ...�sn� A•+.:� �� - Mir.nl4 -�.n,� T = �� �-y-�� !���f 0 t. A- I'— VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2017-116562) and preliminary plat(H-2017-0114) 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; 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: 7/26/2022, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing ACHD permanent easement in the Legend. b. Note#12: Include the recorded instrument number of the temporary ACHD License Agreement. c. Note#13: Include the recorded instrument number of the NMID license agreement. d. Include the Book and Page numbers of the Aegean Estates Subdivision No. 3 plat. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 08/16/2022, included in Section V.C, shall be revised as follows: a. Include the fencing type shown along the east side of Lots 12 and 20,Block 5 in the Plant Schedule. 6. If 2-story homes are constructed on Lots 29-37,Block 3,they will be highly visible from N. McDermott Rd., an arterial street. Therefore,the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type, projections,recesses, step-backs,bays,banding,pop-outs,porches,balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. 7. The Five Mile Creek feeder/McFadden Drain shall remain open and not be piped or otherwise covered,and shall be protected during construction. 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 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. 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. Page 5 B. Public Works Site Specific Conditions: 1. Dead end water main at the south end of Delphi Ave must end in a fire hydrant rather than blow off. 2. Provide the following streetlight numbers on streetlight plan: 56090, 56091, 56093, 56094, 56095, 56096. 3. 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 prior to city signatures on the first final plat. 4. Ensure no sewer services pass through infiltration trenches. General Conditions: 1. 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. 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. 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. 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,prior to signature on the final plat. 6. 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. 7. 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. 8. 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. 9. 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. 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 11-1-4B. 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. 15. 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. 16. 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. 17. 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. 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. 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 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Page 7 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 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. 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 the Central District Health Department for abandonment procedures and inspections. 23. 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. 24. 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. EXHIBIT B Sonya Allen From: Becky McKay <Beckym@engsol.org> Sent: Tuesday, September 20, 2022 12:53 PM To: Sonya Allen Subject: RE: Aegean Estates No.4 FP-2022-0030 Staff Report for 9/27 Council Meeting - REVISED External Sender- Please use caution with links or attachments. Thanks Sonya. We are in agreement with staff report and conditions of approval. Have a wonderful day. Becky McKay, Partner Engineering Solutions LLP 208-938-0980 1029 N Rosario St., #100 Meridian, ID 83642 ENGINEERING From: Sonya Allen <sallen@meridiancity.org> Sent:Tuesday, September 20, 2022 12:42 PM To: Clerks Comment<comment@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org>; Becky McKay<Beckym@engsol.org>; Shari Stiles<Sharis@engsol.org> Subject: RE:Aegean Estates No.4 FP-2022-0030 Staff Report for 9/27 Council Meeting- REVISED I updated the staff report to remove the condition pertaining to property in the floodplain since the project is not in the floodplain. 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 C,-,(f � Built for Business, Designed for Living 0®©0 Q 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. From: Sonya Allen Sent:Tuesday, September 20, 2022 10:53 AM To: City Clerk- Land Use Items (comment@meridiancity.org)<comment@meridian city.org> Cc: Bill Parsons<bparsons@meridiancity.org>; Becky McKay (beckvm@engsol.org) <beckvm@engsol.org>; Shari Stiles 1