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Order of Conditional Approval Zebulon Village FPBEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 7, 2013 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 40 SINGLE- FAMILY BUILDING LOTS AND 6 COMMON/OTHER LOTS ON 14.94 ACRES OF LAND IN AN R-4 CASE NO. FP-13-016 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT ZONING DISTRICT BY: THE TRADITIONS BY AMYX II, LLP APPLICANT This matter coming before the City Council on May 7, 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 Division and Development Services Division 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: The Final Plat of "PLAT SHOWING ZEBULON VILLAGE SUBDIVISION, LOCATED IN THE NE'/4 OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 04/04/13, CLINTON W. HANSEN, PLS, SHEET 1 OF 2," is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON VILLAGE SUBDIVISION (FP-13-016) Page 1 of 3 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 May 7, 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 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 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON VILLAGE SUBDNISION (FP-13-016) Page 2 of 3 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 ZZ ~ day of 2013. By: ~e1~~ Tammy d W erd Mayor, City of Meridian Attest: o44onncc~ n~~~sT, 3`~ '°~ cny ~r E IDIAN~-- Jaycee olman ~, `~f ' City Clerk ~ SF,AL fR O~IAe iI1F AS~P6 Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By: Dated: 5 -a 3 ~/~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON VILLAGE SUBDIVISION (FP-13-016) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: May 7, 2013 E IDIAN~-- TO: Mayor and City Council 1 ~ ~ H ~ FROM: Sonya Wafters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-13-016 -Zebulon Village Subdivision I. APPLICATION SUMMARY The applicant, The Traditions by Amyx II, LLP, has applied for final plat (FP) approval of 40 single- family residential building lots and 6 common/other lots on 14.94 acres of land in the R-4 (medium low-density residential) zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Zebulon Village Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP-13-016 as presented in the staff report for the hearing date of May 7, 2013, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-13-016, as presented during the hearing on May 7, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-13-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of E. McMillan Road and west of N. Eagle Road, in the NE '/4 of Section 32, T. 4N., R. lE. (Parcel #50532131255) B. Applicant: The Traditions by Amyx II, LLP 13967 W. Wainwright Drive, Ste. 102 Boise, Idaho 83713 C. Owner: Same as applicant Zebulon Village Subdivision FP-13-016.doc PAGE 1 EXHIBIT A D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, Idaho 83642 V. STAFF ANALYSIS The proposed final plat depicts 40 single-family residential building lots and 6 common/other lots on 14.94 acres of land. The property is zoned R-4. The gross density of the single-family portion of the development is 2.72 dwelling units per acre with a net density of 3.29 dwelling units per acre. The average lot size is 11,435 square feet. This subdivision is a re-plat of a portion of property that was originally platted with the larger Zebulon Village Subdivision. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-12-009). Because the number of buildable lots is the same and the overall common open space exceeds the minimum open space requirements of 10% at 14.68% for the overall Zebulon subdivision, staff deems the final plat to be is substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation & zoning (AZ-OS-006), development agreement (Instrument #106111627), conditional use permit (CUP-OS-019, and preliminary plat (PP-12-009). 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of City Council approval of the preliminary plat (by November 20, 2014), 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 Engineering Solutions, LLP, stamped on Apri14, 2013 by Clinton W. Hansen, shall be revised as follows: a. Notes #14, 15, and 16: Include the recorded instrument numbers b. Note # 12: "All front garage setbacks shall be 20 feet as measured from the et•~y-li~~ t-l~back of sidewalk, ••~'~~°"°•~°~ ~ °~*~~°*~•~° " c. Graphically depict the sanitary sewer and water easement crossing Lots 8, 10, and 12, Block 1, and include the Ada County recording instrument number #113019369. Zebulon Village Subdivision FP-13-016.doc PAGE 2 EXHIBIT A 5. The landscape plan prepared by Jensen Belts Associates, dated Apri14, 2013, shall be revised prior to signature on the final plat by the City Engineer as follows: a. The pathway through the internal common area on Lots 8 and10, Block 1 shall be illuminated with afour-foot tall bollard style or other appropriate lighting source as set forth in UDC 11- 3A-8H, unless waived by the Director. Such lighting shall be shielded from adjoining residences. b. Relocate the two trees required by UDC 11-3B-12C along the pathway on Lots 8 and 10, Block 1 elsewhere within the subdivision because of the location of existing sewer and water easements; provide a minimum total of 11 trees in the common areas in addition to the parkway trees to comply with this requirement. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Prior to development plan approval, the applicant shall provide evidence of plan approval from the Settler's irrigation District. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS 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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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 to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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. Zebulon Village Subdivision FP-13-016.doc PAGE 3 EXHIBIT A 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, water and reuse infrastructure for duration of two 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 Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 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 11-12-3H. 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. 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. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 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, which must include the Zebulon Village Subdivision FP-13-016.doc PAGE 4 EXHIBIT A 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 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 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. 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 Central District Health for abandonment procedures and inspections (208)375-5211. 23. 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. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 2/20/13) C. Proposed Final Plat (dated: 4/4/13) D. 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Y i r 1f/ Zebulon Village Subdivision FP-13-016.doc PAGE 10 O~ItI61T b planning andenglneering communities for the (inure LLP May 1, 201.3 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Zebulon Village Subdivision Final Plat File No. FP-13-016 Dear Mayor and Council: 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208)938-0941 E-mail: es-beekym@gwestoffice.net We have reviewed staff comments for the City Council meeting of May 7, 2013, and have the. following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. It is anticipated that street lighting from each public street adjoining the path will be adequate. The applicant's electrical contractor, Alloway Electric,. will provide information documenting proper illumination of the path or provide separate bollard lighting. 6. The applicant will comply. 7. The applicant will comply. 8. Noted. 9. Noted. C:\Docwnents120121121107 Zebulon Village Subdivision\RecsResponseCC.doc ..~ Mayor and City Council May 1, 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. Noted.. 11. The applicant will comply. 12_ The applicant. will comply..... _ _ _ 13. The. applicant will comply. 14. The applicant will comply. 15. The letter certifying street centerline elevations was submitted with the final plat application.. 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. 21. The applicant will comply. C:\lloaiments12012\121 IQ7 Zebulon Village SubdivisionlRecsResponseCC.doc ,.r F !s ~ „4 . ~\ ~ . ,', >, .. Mayor and City Council May 1, 2013 Page 3 22. The applicant will comply. 23. The applicant will comply. Thank you for your review of this- project. Please feel free to call me if you have additional comme>rts or questions. Sincerely, En Bering Solutions, LLP Becky M ay Planner BM:ss cc: The Traditions by Amyx II, LLP C:\Documents\2012\121107 Zebulon Village Subdivision\RecsResponseCC.doc