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CC - Staff Report Page 1 HEARING DATE: 12/13/2022 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: FP-2022-0026 Gander Creek South Subdivision No. 3 LOCATION: Generally located south of W. McMillan Rd. on the south side of the Five Mile Creek, west of N. McDermott Rd., in the NE 1/4 of Section 32, T.4N., R.1W. I. PROJECT DESCRIPTION Final plat consisting of 75 single family residential building lots and 10 common lots on 13.77 acres of land in the R-8 zoning district for Gander Creek South No. 3. II. APPLICANT INFORMATION A. Applicant: Kent Brown, Kent Brown Planning Services – 3161 E. Springwood Dr., Meridian, ID 83642 B. Owner: Open Door Rentals, 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-2019-0013 – Gander Creek South Subdivision) in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots is one (1) 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. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 V. EXHIBITS A. Preliminary Plat (dated: 5/13/2019) Page 3 B. Final Plat (not dated) Page 4 Page 5 Page 6 C. Landscape Plan (dated: 07/19/2021) Page 7 Page 8 Page 9 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 Cody McCammon, included in Section V.B shall be revised as follows: a. Note #8: Include the recorded Instrument Number for the ACHD Permanent Easement. b. Note #9: Include the recorded Instrument Number for the ACHD License Agreement. c. Note #10: Include the recorded Instrument Number for the City of Meridian Water & Sewer Easement. d. Note #12: Include the recorded Instrument Number for the vacation of the existing ingress/egress easement. e. Revise Lot 12, Block 11 to comply with the minimum 30-foot wide street frontage requirement in UDC 11-2A-3B.1, measured as a chord measurement. f. All buildable lots shall have a minimum 40-foot wide street frontage, except for properties with street frontage on cul-de-sacs or at approximately a 90-degree angle, which shall be a minimum of 30 feet, measured as a chord measurement; correct all lots that don’t conform. 5. The landscape plan prepared by Jensen Belts Associates, dated 05/27/2022, included in Section V.C, shall be revised as follows: a. In the Landscape Calculations table, include the required vs. provided number of trees along pathways that demonstrate compliance with UDC 11-3B-12C.2. b. Depict a 6-foot tall berm with a 6-foot tall wall on top of the berm as noise abatement along the east boundary of the site adjacent to future SH-16 as required by City Council at the hearing on May 28, 2019 in accord with set forth in UDC 11-3H-4D for residential uses adjoining state highways; also modify the detail for the berm. The plan currently depicts a 4- foot tall berm with a 6-foot tall concrete wall. c. A detail shall be included that depicts the centerline (or estimated centerline) of the future SH-16 in relation to the top of the berm/wall verifying it’s a minimum of 12-feet higher than the elevation at the centerline of the state highway as required by UDC 11-3H-4D.2. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. d. The 6-foot tall closed vision fence along the east boundary of the subdivision adjacent to N. McDermott Rd./future SH-16 shall be removed and either a use easement recorded across the Page 10 back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. 6. The existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power easement (Inst. #8958920) and any other easements that are no longer needed shall be relinquished and/or vacated, as applicable, prior to signature on the final plat by the City Engineer on the phase in which they are located. The Applicant shall submit copies of the easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. 7. 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. 8. The rear and/or sides of structures that face future SH-16 (i.e. Lots 20-21 and Lots 23-28, Block 2) 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. 9. Install signage at each end of the alleys for addressing purposes for lots that front on mews. 10. All existing structures are required to be removed prior to City Engineer signature on the final plat for the phase of development in which they are located. 11. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11C. 12. All fencing shall comply with the standards of UDC 11-3A-7C. 13. A floodplain development permit is required to be obtained from the Public Work’s Department prior to any and all development within the floodplain. 14. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District along the northern portion of this development, shall be protected during construction. 15. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement (Inst. #2019-060657). 16. 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 Site Specific Conditions: 1. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 2. 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. Page 11 3. The applicant shall be required to pay 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 prior to city signatures on the first final plat. 4. Ensure no sewer services pass through infiltration trenches. 5. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches, light poles, etc) are built within the public water/sewer easement. 6. Ensure there is proper 25 feet horizontal separation between retention pond and water main. 7. A water main connection must be made to the existing 12’ water main south of the McFadden Drain. 8. Property removed from SFHA through LOMA 21-10-1997A. General Conditions: 9. 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. 10. 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. 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. 12. 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. 13. 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. 14. 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. 15. 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 Page 12 more information at 887-2211. 16. 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. 17. 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. 18. 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. 19. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 20. Developer shall coordinate mailbox locations with the Meridian Post Office. 21. All grading of the site shall be performed in conformance with MCC 11-1-4B. 22. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill mater ial. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 signature of the final plat by the City Engineer. Page 13 28. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 29. 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. 30. 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. 31. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). 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. 32. 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.