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Mulberry Subdivision FP-13-006BEFORE THE MERIDIAN CITY COUNCIL C/C FEBRAURY 26, 2013 IN THE MATTER OF THE REQUEST FOR FINAL PLAT APPROVAL OF FIVE (5) MULTI- FAMILY BUILDING LOTS ON 2.4 ACRES OF LAND FOR MULBERRY SUBDIVISION, LOCATED IN THE SOUTHEAST'/4 OF SECTION 36, T.4N., R.1W., MERIDIAN, IDAHO CASE NO. FP-13-006 ORDER GRANTING FINAL PLAT APPROVAL OF MULBERRY SUBDIVISION BY: SETTLERS PARK, LLC APPLICANT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on February 26, 2013, and the Council finding that the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning Division, and Bruce Freckleton, Development Services Manager for the Building Services Division for the hearing date of February 26, 2013 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 MULBERRY SUBDIVISION LOCATED IN THE SOUTHEAST'/4 OF SECTION 36, T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2013, STAMPED BY CLINTON W. HANSEN, PLS, SHEETS 1 OF 3, LAND SOLUTIONS, FOR SETTLERS PARK, LLC, ORDER GRANTING FINAL PLAT APPROVAL FOR MULBERRY SUBDNISION (FP-13-006) Page 1 of 3 DEVELOPER, " is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bill Parsons, Associate City Planner for the Planning Division and Bruce Freckleton, Development Services Manager for the Building Services Division, for the hearing date of February 26, 2013, listing nine (9) SITE SPECIFIC CONDITIONS and twenty (20) GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of seven (7) pages, and by this reference incorporated herein, and the response letter from Becky McKay, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of three (3) pages, 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: 1. 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. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 GRANTING FINAL PLAT APPROVAL FOR MULBERRY SUBDIVISION (FP-13-006) 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 as provided by Chapter 52, Title 67, Idaho Code. -1 1~ By action of the City Council at its regular meeting held on the day of ~-'~ o,rC,~ , 2013. DATED this i~ day of ~"lArcl-. , 2013. Q~p,'tED AUGUST GD~ ! j94,+ Attest: ~ city of (~E IDI~ IAN~- IDAHO a r~A7r °~~ SF",~y, ti~ r~AO~tAe iAEAS~~~~b Jay e Hol a City C e ~~ Mayor y de Weerd Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. BY: ~;"~~ Yle~ `~~" dwL Dated: ~3 -l~ -l~ ORDER GRANTING FINAL PLAT APPROVAL FOR MULBERRY SUBDNISION (FP-13-006) Page 3 of 3 EXHIBIT A STAFF REPORT Hearing Date: TO: FROM: February 26, 2013 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 E IDIAN~-- iDANQ SUBJECT: FP-13-006 -Mulberry Final Plat I. APPLICATION SUMMARY The applicant, Settlers Park, LLC has applied for final plat approval consisting of five (5) multi-family residential lots on approximately 2.4 acres of land in an R-15 zoning district. The Mulberry Subdivision (PP-12-010) was approved by City Council on October 9, 2012. Concurrently, Council approved a conditional use permit (CUP-12-006) that allows the proposed lots to develop with thirty-six (36) multi- family units. Landscaping for the site is also tied to the approval of the conditional use permit and will be reviewed for conformance with a future certificate of zoning compliance and administrative design review application. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and City Code. The proposed plat is found it to be in substantial conformance with UDC11-6B-3C, and the number of buildable lots is the same approved with the preliminary plat. The site is located on the southwest corner of W. Ashby Drive and N. Meridian Road in the SE '/4 of Section 36, T.4N., R.1 W. II. STAFF RECOMMENDATION Staff recommends approval of the Mulberry 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 shall meet all terms of the approved preliminary plat (PP-12-010) and conditional use permit (CUP-12-006) for this subdivision. 2. The applicant has until October 9, 2014 to obtain City Engineer's signature on the 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 on the final plat, the Certificate of Owners and the accompanying acknowledgement, and the certification of the Ada County Highway District shall be signed and notarized. 4. Revise the notes on the face of the plat prepared by Land Solutions, dated January 29, 2013 prepared by Clinton W. Hansen, prior to signature on the final plat by the City Engineer, as follows: • Include the City of Meridian sanitary sewer and water easement recorded instrument number on the face of the plat. Mulberry Subdivision - FP-13-006 PAGE 1 EXHIBIT A 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 6. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or conditional use permit does not relieve the applicant of responsibility for compliance. 7. CZC and administrative design review approval is required prior to issuance of a building permit for any and all of the multi-family units within this development. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 8. Landscaping for the site shall substantially comply with the landscape plan approved with CUP- 12-006. 9. The subject property shall be subdivided prior to issuance of any building permits. IV. GENERAL REQUIREMENTS 1. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, 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. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, etc., prior to signature on the final plat. 3. 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. 4. 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 (2) 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. Please contact Land Development for more information at 887-2211. 5. All development improvements, including but not limited to sewer, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 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 the issuance of a plan approval letter. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. All grading of the site shall be performed in conformance with MCC 11-12-3H. 11. 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. Mulberry Subdivision - FP-13-006 PAGE 2 EXHIBIT A 12. 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. 13. 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. 14. 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. 15. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Street lighting is required at intersections, corners, cul-de- sacs, and at a spacing that does not exceed that outline in the Standards. 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. 16. The applicant shall provide a 20-foot easement for all public water/sewer mains 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. 17. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 18. 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. 19. 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. 20. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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, asingle-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 signature on the final plat by the City Engineer. Mulberry Subdivision - FP-13-006 PAGE 3 EXHIBIT A V. EXHIBITS A. Vicinity Map B. Approved Mulberry Subdivision (PP-12-010) C. Proposed Final Plat Mulberry Subdivision - FP-13-006 PAGE 4 EXHIBIT A Exhibit A -Vicinity Map SITE N A SCALE r-s°cr ERRY SUBDIVISION / ' MULB NQ R NO/N E Dw6DATE ~ ' aRa. N°.1~°~ S PARK O~UTIOMS~, S SETTLER SHEET 1 OR 1 v~C'N LOCATED IN THE SW K Of SECTION 56, T.4N., R.1W., B.M., MERMAN ADA COLMiTY VICINITY MAP wra u~ fIF/M1 "'"""`°~"'°""" ~~ ~ h k 19A]flG ele ~(~ Mulberry Subdivision - FP-13-006 PAGE 5 EXHIBIT A Exhibit B -Approved Mulberry Preliminary Plat (PP-12-010) I~ i i ~----- ,k=------ I I I I t i 11 1 1 ~ V~ ~ ~ ~"~ ~ -~~~ ! ~ ~ ~~ I I ~- 1. ~ :~ - - , ~ © gfS 4 ~ ( (i ~--• ------ ~ -..l -- S -___ ~ 1 ~ ilj ~r.~ ~ (1 i r; ---- ------- ._. ------- 1. ""' R-15 ~ tee rr ,.. ° 1 ~ ~ ~----( 1 .~. 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' 'gym ~wMr'~POx mw.~i~°~t~~fwu~[s aw { 18 R CEDAR SPrRiNGS LOTS JA" f ~~1; .k~ ~P <AOI~wO!/~R@w0.-PAKIPW sueorvls,ow o. z $~ Cp t - Lor I ,.-- ---- ~-~ ! d ' ~°w~nuRr".~n""°+."`aTo°.:.ri~:a'.Tn'~"ew. ~~ p _ 4 a~~ e'P ~~''-:3'a~i ~ ~•L~ ~.'&"'.'~° y • ~~~~ • mrd'"®A~. ~O ~R~i~1.~leeir4oao~Nt,amlVn/ ~A .i noocT' .,~'°- -- n ps ..®.®rR..orw..,eo.om,.. ~aa..>.m~ Y . 1;. _L!_OEJ~ 0 ~ T Cq~V anE _ .e ~~ .~ ..~ ~-`---I F'i ~ ~ DoT t ~ o~ ~~ ~ ~ ~ un a ~ 1 ~ ~' '~ _ _ ., ~. I 1 :~ uwPUTTEO 11116 SETT~ER9 PARK ~i l~~i ./RSR° Xm//t~. 4i¢aERMI uL - d. r a ialx. o Mulberry Subdivision - FP-13-006 PAGE 7 planning and engineering communities for the lutuie LLP February 22, 2013 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Mulberry Subdivision at Settlers Park File No. FP-13-006 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@gwestoffice.net Dear Mayor and Council: We have reviewed staff comments for the City Council meeting of February 26, 2013, and have the following responses to the proposed conditions of approval: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. Understood. 3. The applicant will comply. 4. fihe applicant will comply. ~. The applicant will comply. 6. Noted. 7. Noted. 8. Noted. 9. The applicant will comply. C:\UserslShari\Doeuments\2012\120306 Mulberry Subdivision\CCRecsResponse.doc Mayor and City Council February 22, 2013 Page 2 GENERAL REQUIREMENTS 1. The applicant will comply. 2, The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply, 9. The .applicant will comply. 10. The applicant will comply. 11. The .applicant will comply. 12. The applicant has complied. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. The .applicant will comply. C:\Users\SharlDocuments12012\120306 Mulberry Subdivision\CCRecsResponse.doc Mayor and City Council February 22, 2013 Page 3 Thank you for your review of this project. Please feel free to call me if you have additional comments or questions. Sincerely, Engi eying Solutions, LLP Becky McKay Planner BM:ss ccc Settlers Park, LLC C:\Users\Shari\Documents12012\120306 Mulberry Subdivision\CCRecsResponse.doc