Bellabrook Subdivision FP-13-034BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 26 SINGLE- )
FAMILY RESIDENTIAL )
BUILDING LOTS AND 4 )
COMMON/OTHER LOTS ON 4.38 )
ACRES OF LAND IN AN R-15 )
ZONING DISTRICT )
BY: ZWJ PROPERTIES, LLC )
APPLICANT )
1
HEARING DATE: AUGUST 13, 2013
CASE NO. FP-13-034
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on August 13, 2013 for final plat approval
pursuant to Unified Development Code (UDC) 1 1-6B-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:
The Final Plat of "PLAT SHOWING BELLABROOK SUBDIVISION,
LOCATED IN THE NW 1/a OF SECTION 17, T3N, R 1 E, BM, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 7/8/13,
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BELLABROOK SUBDIVISION FP-13-034
Page 1 of 3
City Council from the Planning Department and the Development Services
division of the Public Works Department. dated August 13, 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 Ben Thomas, Civil Innovations,
PLLC, a true and correct copy of which is attached hereto marked "Exhibit B"
and by this reference incorporated herein.
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
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 BELLABROOK SUBDIVISION FP-13-034
Page 2 of 3
Please take notice that this is a Enal action of the governing body of the City of
Meridian., pursuant to Idaho Cade § 67-652].. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eigtil (28) days after the dale of this dee;isiuti and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
`~-
Byaction of the City Council at its regular meeting held on the ~~ day of
~. G~~u-S~ , 20l 3.
B y: ~~".~" ~-;~ ~ r~'~~ ~ 'j'am
Tammy de" eerd
Mayor, ~' of Meridian
Attest: ~Y o,~PTan Au~;US~~
j ~' ~'or
w
Citv of
E IDR, [AN,~--
Jayccc Irnan -~ ~,,.'°A.,"~
City Clerk `rF SEAL ~~
mTfR°' ~n, rn~49`~'~~~p
Copy served upon the Applicant, Planning Department, Publie Works Department, and City
Attorney.
_,
`-" ~..,
Dated: ~~ ~ ~ - 1~
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BELLABROOK SUBDIVISION FP-13-0~4
Page 3 of 3
EXHIBIT A
STAFF REPORT
MEETING DATE: August 13, 2013 E IDIAN:---
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP-13-034 -Bellabrook Subdivision
I. APPLICATION SUMMARY
The applicant, ZWJ Properties, LLC, has applied for final plat (FP) approval of 26 single-family
residential building lots and 4 common/other lots on 4.38 acres of land in the R-15 (medium high-
density residential) coning district.
II. STAFF RECOMMENDATION
Staff recommends approval of the Bellabrook 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-13-034 as presented in the staff report for the hearing date of
August 13, 2013, with the following modifications: (Add any proposed modifications.}
Denial
I move to deny File Number FP-13-034, as presented during the hearing on August 13, 2013, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP-13-034 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 at 300 S. Locust Grove Road, in the NW t/a of Section 17, T. 3N.,
R. lE. (Parcel #S 1117223480)
B. Applicant:
ZWJ Properties, LLC
1854 E. Lanark Street
Meridian, Idaho 83642
C. Owner:
Same as applicant
Bellabrook Sub FP- 13-034
EXHIBIT A
D. Representative:
Ben Thomas, Civil Innovations, PLLC
P.O. Box 170811
Boise, ID 83717
V. STAFF ANALYSIS
The proposed final plat depicts 26 single-family residential building lots and 4 common/other lots on
4.38 acres of land, zoned R-15. The gross density of the proposed plat is 5.94 dwelling units (d.u.}per
acre with a net density of 7.2 d.u. per acre. The average lot size is 4,155 square feet (s.f.).
Because this site is less than 5 acres in size, the UDC does not require open space or site amenities.
However, the applicant is proposing a large common area (0.89 of an acre) and a pathway to the Five
Mile Creek connecting to a segment of the City's multi-use pathway system.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-13-002). Because the number of buildable lots and common open space is the same, staff
deems the final plat to be in substantial compliance with the approved preliminary plat as required by
UDC11-6B-3C.2.
VL SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved rezone (RZ-07-006, Development Agreement
Instr. #1080008769 and #1 1 307 129 1), preliminary plat (PP-13-002), and private street (PS-13-
002) applications approved for this site.
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 May 22, 2015), 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 Land Solutions Land Surveying and Consulting, stamped on July 8,
2013 by Clinton W. Hansen shall be revised as follows:
a. Revise note # 1 as follows: "Building setbacks and dimensional standards in this subdivision
shall be incompliance with Title 11 of Meridian City Code
,>
b. Note # 14: Include the recorded instrument number for the ACRD license agreement.
5. The landscape plan prepared by South Landscape Architecture, P.C., stamped on July 10, 2013
by Thomas South is approved as submitted.
6. Prior to City Engineer signature on the final plat, the applicant shall obtain City Council approval
of a public pedestrian easement for the segment of the 10-foot wide multi-use pathway along the
east side of the Five Mile Creek shown on the landscape plan.
7. Prior to City Engineer signature on the final plat, the applicant or owner shall provide
documentation of a binding contract that establishes the party or parties responsible for the repair
and maintenance of the private street, including regulations for the funding thereof in accord with
UDC 11-3F-3B.
8. Gates are required to be installed near the ends of the private streets (S. Truss Ln. and S. Torino
Ln.) where the private streets connect to the public street (Kalispell) in accord with the standards
listed in UDC 11-3F-4A4 as required by UDC 11-3F-SD. The developer shall submit a surety for
the construction of the gates in accord with the provisions in UDC 11-SC-3 prior to signature on
Bellabrook Sub FP- 13-034
EXHIBIT A
the final plat by the City Engineer. Said surety may be released (or not be required) upon
approval of an alternative compliance application by the Director.
9. All fencing installed on the site must be consistent with the standards listed in UDC 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.
10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
12. Sanitary sewer and water services were originally installed as p~u-t of the multi-fanlily
development, and their locations may not comply with Public Works Standards for this proposed
development. Applicant shall be required to relocate, and or abandon existing services that are
not needed for service to the lots.
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via existing mains within the
development.
2. Water service to this site is available via existing mains within the development.
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 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 irerevocable letter of credit,
cash deposit or bond. Please contact Land Development Service for more information at 887-
2211.
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, and water infrastructure for a duration
of two yews. 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. Please contact Land Development Service for more information at 887-221 1.
8. All development improvements, including but not limited to sewer, water, fencing, pressurized
ii7-igation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy, or as otherwise allowed by UDC 1 1-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.
Bellabrook Sub FP- 13-034
EXHIBIT A
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 fell 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 strictures 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, which must include the location of any existing street lights.
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
area of the easement (marked EXHIBIT Aj 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.
Bellabrook Sub FP- 13-034
EXHIBIT A
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 ii7-igation systems be supplied by ayear-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the prim~uy 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: 3/19/13)
C. Proposed Final Plat (dated: 7/8/13)
D. Proposed Landscape Plan (dated: 7/10/13)
Bellabrook Sub FP- 13-034
EXHIBIT A
Exhibit A -Vicinity Map
Bellabrook Sub FP- 13-034
EXHIBIT A
Exhibit B -Approved Preliminary Plat (dated: 3/19/13)
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Bellabrook Sub FP- 13-034 7
EXHIBIT A
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Bellabrook Sub FP- 13-034 8
EXHIBIT A
Exhibit D -Proposed Landscape Plan (dated: 7110/13)
`~ FINALYPLAT -LANDSCAPE PLAN
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Bellabrook Sub FP- 13-034