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Waverly Place Subdivision FP-11-003BEFORE THE MERIDIAN CITY COUNCIL C/C JUNE 7, 2011 IN THE MATTER OF THE REQUEST FOR FINAL PLAT APPROVAL OF 25 BUILDING LOTS AND 3 COMMON/OTHER LOTS ON 4.9 ACRES OF LAND FOR WAVERLY PLACE SUBDIVISION, LOCATED IN THE NE 1/ OF SECTION 17, T.3N., R.IE, MERIDIAN, IDAHO CASE NO. FP-11-003 ORDER GRANTING FINAL PLAT APPROVAL OF WAVERLY PLACE SUBDIVISION BY: MOUNTAIN WEST ENTRUST IRA FBO ROBERT MORTENSEN IRA APPLICANT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on May 17, 2011, and the Council finding that the Administrative Review is complete from Sonya Watters, Associate City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 17, 2011, 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 WAVERLY PLACE SUBDIVISION A RE- SUBDIVISION OF A PORTION OF LOT 6 OF AMENDED MAGIC VIEW ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP-11- 003) Page 1 of 4 SUBDIVISION LOCATED IN THE E %2 OF SECTION 17, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2011, STAMPED BY D. TERRY PEUGH, PLS ON 4/6/11, SHEET 1 OF 2, DTP SURVEYING, LLC, MOUNTAIN WEST, DEVELOPER, " is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: May 17, 2011, listing 8 SITE SPECIFIC CONDITIONS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 8 pages, and by this reference incorporated herein, and the response letter from Scott Noriyuki, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, 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: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDNISION (FP-11- 003) Page 2 of 4 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. 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 maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 2011. . DATED this day of ~ , 2011. ~~%~_,_,~~~ ,~ ~ ~r, ~~ M~ roa T Mayor Tammy de Weerd ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP-11- 003) Page 3 of 4 ~ ~ `.. Attest: ~, ~~ ~ a ~~, y ~~, w "+r e r , ,h, r h ,. ~., k. ~ ,, ~' >> "9 J ' ~ A/ t`'.e~ L~e .l z VC. ~ AA F e f5. ~~~ 4!~ Y.. ~ ~ 3~ ~, Jayce lman - ~ ~ ~r d ,:~ 4,, y~e ,pry 1 ~\!'~ "°~.~ ~ y ~~ f ~ 4/ i ~~~~~~ ~~~~ ~ ~ ~"` Copy served upon the Ap~~i~~~.nt, Planning Department, Public Works Department, and City Attorney. ,~ ~~ .,.• . ~~ BY. ~~ Dated. ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP-11- 003) Page 4 of 4 EXHIBIT A STAFF REPORT MEETING DATE: May 17, 2011 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP-11-003 -Waverly Place I. APPLICATION SUMMARY & LOCATION E IDIAN~-- IDAHO The applicant, Mountain West Entrust IRA FBO Robert Mortensen IRA, has submitted a final plat application for Waverly Place Subdivision consisting of 25 building lots and 3 common/other lots on 4.9 acres of land. The preliminary plat was approved by City Council on March 8, 2011. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat in accord with UDC 11-6B-3C and found it to be in substantial conformance as the number of building lots are the same. The proposed subdivision is located at 2510 Magic View Drive, in the northeast'/ of Section 17, T.3N., R.IE. II. STAFF RECOMMENDATION Staff recommends approval of the Waverly Place Subdivision 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. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-06-047), rezone (RZ-10-004) and associated development agreement (Inst. No. 111032844), preliminary plat (PP-10-003), and vacation (VAC-07-010) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on a final plat by March 8, 2013(within two (2) years of the date of approval of the preliminary plat), the preliminary plat shall become null and void unless a time extension is obtained in accordance with UDC 11-6B-7C. 3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 4. Revise the final plat prepared by D. Terry Peugh, stamped on Apri16, 2011, prior to signature by the City Engineer, as follows: a. Revise Note #11 as follows: "Lot 22, Block 2 is designated for the Waverly Place Homeowner's Association open space and clubhouse/caretaker building." b. Include the property size (in square feet) on each lot or in a separate table on the face of the plat. Minimum property size per dwelling unit is 4, 000 square feet in the R-8 district. c. Graphically depict and label the location of the common driveways. Comply with the standards for common driveways listed in UDC 11-6C-3D. d. Include a note on the face of the plat detailing which lots will take access from common driveways. Unless separated by a minimum S foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway (UDC 11-6C-3D.5). 5. Revise the landscaping plan so that no trees are planted over utilities or within easements. Waverly Place Sub FP-11-003 PAGE 1 EXHIBIT A 6. A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted to the Planning Department prior to signature on the final plat by the City Engineer. 7. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction fencing is required to be installed prior to issuance of building permits to contain debris during construction. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. IV. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20-foot easement for all public water/sewer mains (new or existing) outside of public right of way (include all water services and hydrants). 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. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to any construction plan approval. 8. The applicant will be required to abandon any services that are not utilized with final construction. Contact Meridian Public Works for requirements. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. Waverly Place Sub FP-11-003 PAGE 2 EXHIBIT A 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 14. 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. 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 applicant's 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 the 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. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (stamp dated: 9/8/10) C. Proposed Final Plat (dated: 4/6/11) D. Proposed Landscape Plan E. Site Layout Plan Waverly Place Sub FP-11-003 PAGE 3 ~E~xhibit A -Vicinity Map `'~ ~ __, ,~ _.[ -,,'~ r ~ a.nu~~~raa. vn -~ ~ N: E BENTLEY DR ~ Q F- II ~~~ ~ ~~~ E18ENREY OR. w .. EXHIBIT A .I I I i Site I Waverly Place Sub FP-11-003 PAGE 4 EXHIBIT A Exhibit B -Approved Preliminary Plat (dated: 9/8/10) Waverly Place Sub FP-11-003 PAGE 5 EXHIBIT A Exhibit C -Proposed Final Plat (stamp dated: 4/6/11) LNE '~BIL r J ^ ~ -y- ~~.. - - __ _ _ s.:-~ - ~ ~. AYQ~I' J J -E B7A67fRK ST EASEMENT DETNL 'A' PLAT SHOWING WAVERLY PLACE ~liBDIVISIO\ E iRANNLW ROAD 5~:. 5.,i,,1 A RE-StJBDINS10N OF A PORTION Of LOT 6 OF AMENDED MAGIC wEw SUBDrv190N ~a~" LOCkTED IN THEE 1/2 OF SECTION t7 T.3N., R.IE., B.M_, ' MEPoDtfN, ADA COUNTY, IDANO v, ton g i ~~ ' ~'-rvr ~' :':M ~tlral )T S iix x: REAL POINT Qf BEGINNNC \ ~ 5 8B3TJ0' E 58D 87' + A !: t~ ~ IB ~ IC ~ 11 ~ IJ ~' 1J ~ ~ ik 6~ 7 E 11 t ~„~-~ 1-'_i _ ~ N ~,/~ ~~" a ~. . ~, -• .-- . •.. ~. 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Ns - - -_.. files i {Ia MOUNTAIN WEST DEtiELOPER - CK ENGINEERING PC. € 4~qq + ~GNSL:iTING ENGINEER y,~~~/~ ATP SURYEPING LLC a J>2 0l ,cry, PRO`E5901AL LAND SVR~ERR !}IVY 't6~ ....~ ..... Waverly Place Sub FP-11-003 PAGE 6 EXHIBIT A Exhibit D -Proposed Landscape Plan Waverly Place Sub FP-11-003 PAGE 7 EXHIBIT A F. Site Layout Plan n `~. rcr• a ttrr~~ ~~~ ~~ ~~ z Z O W ~ag ~~ r,._~ .ws w ~ .r ..... nr wriurrr ~~~` '~..~.....R ~~~ ~ >~ BEFORE 01CaCsN1G. GALL 0~~4A t-WO~~L618 _._.. __._ C1A Waverly Place Sub FP-11-003 PAGE 8 ~.XItIP~IT PS lacy Jones Page 1 of 1 ~. From: Jaycee Holman Sent: Tuesday, May 17, 2011 9:56 AM To: Jacy Jones; Machelle Hill Subject: FW: Waverly Place Final Plat Jaycee L. Holman City Clerk City of Meridian (208) 888-4433 jholman@meridiancity. org From: Anna Canning Sent: Tuesday, May 17, 2011 9:54 AM To: Jaycee Holman Subject: FW: Waverly Place Final Plat For tonight's hearing. Be Seeing You, Anna From: Scott Noriyuki [mailto:scott@northsidemgt.com] .+~"\ Sent: Tuesday, May 17, 2011 9:20 AM To: Sonya Wafters Cc: Anna Canning Subject: Waverly Place Final Plat Sonya - Please consider this email as formal response and agreement with all conditions as set forth on the Waverly Place Townhouse project. Thank you and feel free to call or email anytime with questions. Scott Noriyuki (208) 230-1202 NC7F~T{~~~D ~'1ANAC EMEI\(T ,rte. 5/17/2011