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Hacienda Subdivision No. 3 FP-12-021BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT OF 10 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS ON 1.25 ACRES IN AN R-8 ZONING DISTRICT FOR HACIENDA SUBDIVISION N0.3 BY: JAYO CONSTRUCTION, INC. APPLICANT HEARING DATE: JANUARY 15, 2013 CASE NO. FP-12-021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on January 15, 2013 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 Department and Public Works 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 HACIENDA SUBDIVISION NO.3, a RE- SUBDIVISION OF LOTS 2 THRU 17 OF BLOCK 6 OF HACIENDA SUBDIVISION, BEING A PORTION OF THE WEST %i OF THE NW '/a OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2012, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HACIENDA SUBIDVISION N0.3 FP-12-021 Page 1 of 3 DATE: 11/26/2012, CLINTON W. HANSEN, PLS, 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 Department and the Development Services division of the Public Works Department dated January 15, 2013, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Jon Breckon, Breckon Land Design, Inc., 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 HACIENDA SUBIDVISION N0.3 FP-12-021 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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 pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 2013. .' ~ ~~ By. . Tammy de erd ~~~p;~~~DAU~U$~'1 Mayor, Ci ~~ of Meridian `~' '~9 Attest: ~ `~ °~ ,. ~,~y ~~ IDAHO SEAL ~' ce olman ~~:~~r~ ~~a City erk ~ ~~ rye ~~~AS~ Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. w -~~.... Dated: Bye "~ .~ ,.,~ ~-~-~3 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HACIENDA SUBIDVISION N0.3 FP-12-021 Page 3 of 3 EXHIBIT A STAFF REPORT: Meeting Date: January 15, 2013 TO: Mayor & City Council E IDIAN~-- FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 Bruce Freckleton, Development Services Manager 208-898-5500 SUBJECT: FP-12-021 -Hacienda Subdivision No. 3 I. APPLICATION SUMMARY & LOCATION The Applicant, Jayo Construction, Inc., has submitted a final plat consisting of 10 single-family residential building lots on 1.25 acres of land in an R-8 (Medium Density Residential) zoning district. The proposed plat is a re-subdivision of 161ots in Hacienda Subdivision and is the second phase of Hacienda East Subdivision. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial compliance as required by UDC 11-6B-3C.2. The property is located approximately'/4 mile south of E. Chinden Boulevard and east of N. Meridian Road, off of N. Rio Vista Way on N. Rio Lomas Avenue, in the NW'/a of Section 30, T. 4N., R. lE. II. STAFF RECOMMENDATION Staff recommends approval of the Hacienda Subdivision No. 3 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. HISTORY OF PREVIOUS ACTIONS • The subject property received annexation (AZ-04-034), preliminary plat (PP-04-043), and conditional use permit/planned development (CUP-04-052) approval in 2004. The approved preliminary plat consisted of 96 residential lots (patio homes and townhomes) and 28 common lots on 19.63 acres. The approved conditional use permit/planned development allowed reduced lot sizes, lot frontages and zero lot lines to construct townhomes. • A final plat (FP-OS-031) for Hacienda Subdivision was approved by City Council on May 24, 2005 and recorded on August 6, 2006. The final plat consisted of 96 residential lots and 28 common lots on 19.63 acres of land, zoned R-8. • A preliminary plat (PP-12-011) for Hacienda East Subdivision was approved on November 20, 2012 which re-subdivided 28 lots in Hacienda Subdivision into 17 lots. These lots were previously townhomes lots and are now proposed to develop with patio homes. IV. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-04-034) and preliminary plat (PP-12-011) applications for this property. 2. If the City Engineer's signature has not been obtained on the final plat by November 20, 2014, 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, and the Approval of the Ada County Highway District shall be signed and notarized. 4. The plat prepared by Clinton W. Hansen, stamped on 11/26/12 is approved as submitted. Hacienda Sub3 FP-12-021.doc PAGE 1 EXHIBIT A 5. Prior to issuance of any building permits on the subject property, the final plat shall be recorded. 6. If permanent perimeter fencing is not installed around the perimeter of the site at the time of issuance of building permits, temporary construction fencing is required to be installed to contain debris during construction. 7. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 8. Applicant shall be responsible for the relocation and or abandonment of existing sanitary sewer and water services. 9. 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. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Hacienda Sub3 FP-12-021.doc PAGE 2 EXHIBIT A 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 public sewer, and 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 surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 18. A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the final plat. 19. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat C. 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Thank you, Jon Breckon, PLA Breckon Land Design, Incorporated p: 208-376-5153 ~ c: 208-949-5153 Jon Breckon <jbreckon@breckonld.com> Tuesday, January 15, 2013 2:06 PM Sonya Wafters Doug Jayo (doug@jayoconstruction.com) RE: Hacienda Sub. 2 & 3 Final Plat From: Sonya Wafters fmailto:swattersCa~meridiancit~ora] Sent: Tuesday, January 15, 2013 11:02 AM To: dougCuliavoconstruction.com Subject: Hacienda Sub. 2 & 3 Final Plat Hi Doug, Just checking into see if you are in agreement with the staff report for tonight's hearing. Thanks, s~ w.~.a Associate City Planner, Planning Division City of Meridian -Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 208-884-5533 ext. 0578 www.meridiancity.or~