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Tradewinds Subdivision No. 2 FP-13-039BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 22 SINGLE- FAMILY RESIDENTIAL BUILIDNG LOTS AND 2 COMMON/OTHER LOTS ON 10.42 ACRES OF LAND IN AN R-S ZONING DISTRICT FOR TRADEWINDS SUBDIVISION NO. 2 BY: DON NEWELL, SDN, LLC APPLICANT HEARING DATE: NOVEMBER 6, 2013 CASE NO. FP-13-039 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 6, 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 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 "TRADEWINDS SUBDIVISION PHASE 2, LOCATED IN THE NW 1/4 OF THE NW '/4 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 9/26/13, AARON L. BALLARD, PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRADEWINDS SUBDNISION N0.2 (FP-13-039) Page 1 of 3 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 Division and the Development Services division of the Community Development Department dated November 6, 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 Kirsti Allphin, KM Engineering, 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 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 TRADEWINDS SUBDIVISION N0.2 (FP-13-039) 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 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 pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2~~ day of °''''? ~/U , 2013. Tammy de ,V~" er Mayor, Cit of Meridian Attest: +^ '"' ,~ c;+: ~,t ~~ ~1,~ N*-- ~Dk~o aycee man SI~PL City Clerk ~ "~; B ~ 0. ' ~Lr 1RE 1:~': ~..w Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By: c ,I ~`- Dated: l 1- ,~ ~ ~ I ~ ~ _ ° ~; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRADEWINDS SUBDIVISION NO. 2 (FP-13-039) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: TO: FROM: November 6, 2013 Mayor and City Council E IDIAN~-- IDAHO SUBJECT: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 FP-13-039 -Tradewinds Subdivision No. 2 I. APPLICATION SUMMARY The applicant, Don Newell, SDN, LLC, has applied for final plat (FP) approval of 22 single-family residential building lots and 2 common/other lots on 10.42 acres of land in an R-8 (medium-density residential) zoning district. This is the second and final phase of development for Tradewinds Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Tradewinds Subdivision No. 2 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. PROPOSED MOTION Approval I move to approve File Number FP-13-039 as presented in the staff report for the hearing date of November 6, 2013, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-13-039, as presented during the hearing on November 6, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-13-039 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 the southeast corner of E. Victory Road and S. Locust Grove Road, in the NW'/4 of Section 29, T. 3N., R. lE. B. Applicant: Don Newell, SDN, LLC P. O. Box 1939 Eagle, Idaho 83616 C. Owner: Same as applicant Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 1 EXHIBIT A D. Representative: Kevin McCarthy, KM Engineering, LLP 9233 W. State Street Boise, Idaho 83714 V. STAFF ANALYSIS The proposed final plat depicts 22 single-family residential building lots and 2 common other lots on 10.42 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 4.6 dwelling units (d.u.) per acre with a net density of 5.45 d.u. per acre. The average lot size is 6,050 square feet (s.f.). All of the lots proposed in this phase are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. A common lot (Lot 3, Block 1) was added on the west side of the outparcel (parcel #S 1129223510) in which a sewer and water line exists and an easement is proposed. The easement actually encroaches on the west boundary of the outparcel; fencing is not allowed to be constructed within the easement area. Because the number of building lots is the same and the overall common area has increased from 10% to 10.64% of the site, staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. Note: In the first phase of development, a common lot was approved to the east of the outparcel which is now planned to be deeded to the owner of the outparcel after the plat is recorded in exchange for a water easement across that parcel along the west boundary. The developer still plans to construct a detached sidewalk and street buffer along E. Victory Road and install landscaping within the common lot as shown on the landscape plan submitted with the final plat. Staff is amenable to the pathway that was required in Lot 1, Block 1 (preliminary plat condition of approval #6b) leading from E. Fathom Street to E. Victory Road to be relocated to Lot 3, Block 1. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-12-012); preliminary plat (PP-12- O15); and development agreement (Instrument #113014058). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the first phase final plat, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 4. The final plat prepared by KM Engineering, stamped on September 26, 2013 by Aaron L. Ballard shall be revised as follows: a. Correct "Arno Avenue" to read "S. Arno Avenue" b. Revise plat note#3: "...has been provided ferom..." c. Revise plat note #8: "...~A9 10.00 foot wide easement..." d. Delete plat note #14 as it is not applicable to this phase. e. Include the recorded instrument number on note # 15. £ Include the recorded instrument number for the ACRD drainage easement depicted on the face of the plat (is it 36' wide?). Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 2 EXHIBIT A g. Add plat note: "Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner, unless such responsibility is assumed by an irrigation /drainage entity." h. Add plat note: "Bottom of building footings shall be set a minimum of 12-inches above the established normal high ground water elevation." i. Add plat note: "This subdivision is subject to the provisions in Development Agreement Instrument # 113014058." j. Include a note stating that Lots 7, 8, and 9, Block 1 shall be accessed via a common driveway. Label the easement as such on the final plat. 5. Identify all easements that are graphically depicted on the face of the plat, including recording instrument numbers if dedicated outside of a platting process. 6. The landscape plan prepared by KM Engineering, dated September 19, 2013, shall be revised as follows: a. The 4 trees shown within the street buffer on the berm along E. Victory Road are located within a sewer easement and shall either be relocated within the same street buffer outside of the easement (bushes or small ornamental trees are allowed within the easement). b. A minimum 5-foot wide pathway is required within Lot 3, Block 1 to provide a pedestrian connection between E. Fathom Street & E. Victory Road constructed in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required on each side of the pathway landscaped in accord with the standards listed in UDC 11-3B-12C. (This pathway is being relocated from Lot 1, Block 1 in the first phase of development as discussed above.) 7. All fencing installed on the site must comply with the fencing plan shown in Exhibit D and with the standards listed in UDC 11-3A-6 and 11-3A-7. Fencing is prohibited on the east side of Lot 3, Block 1 within the water easement. 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. 8. Construction of the common driveway for Lots 7, 8, and 9, Block 1 shall comply with the standards listed in UDC 11-6C-3D. 9. 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. 10. Development on Lots 7, 8, and 9, Block 1 shall be consistent with the setbacks, building envelope, and orientation of the lots and structures as shown in Exhibit E. 11. Off-site sanitary sewer and water mains were constructed as part of phase one of this development. Per preliminary plat condition number 2.3, the applicant will be required to provide common lot(s) in the subject phase, owned and maintained by the Tradewinds Subdivision HOA, for all public water/sewer mains outside of public right of way. Width of common lot shall be determined by the number of utilities within said lot. Minimum widths shall be 20-feet wide for a single utility, or 30-feet wide for two. An all-weather gravel access road will be required over said utilities per Standard Drawing Number G2, City of Meridian Supplemental Specifications and Drawings to the ISPWC. Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 3 EXHIBIT A 12. A portion of this property lies within a FEMA designated special flood hazard area, zoned AE. Contact the Meridian Floodplain Administrator, David Miles (dmiles(c~meridianci , .org) (208)- 898-5500 x1383to verify flood zone location and development requirements. 13. Future homes constructed in this subdivision shall substantially comply with the sample elevations included in the development agreement recorded as Instrument No. 113014058. 14. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 15. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS 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, and 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. 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. Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 4 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 fall under the jurisdiction of an irrigation district or ACRD. 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, 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 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. Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 5 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 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 development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 10/24/12) C. Proposed Final Plat (dated: 9/26/13) D. Proposed Landscape Plan (dated: 9/19/13) E. Common Driveway Exhibit Map Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 6 EXHIBIT A Exhibit A -Vicinity Map Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 7 EXHIBIT A Exhibit B -Approved Preliminary Plat (dated: 10/24/12) 5 € ag " ' ~ E, ~ ~ ~ ~ is 1~~;6}~~~i p ~~~~ ~~ a ~ 9 1 ~i ~ ~~~i~~f94e11~e r< ~~ O d ~ -- . i i i eE1 ~ ~ ~ r~„~ :3~e:: 0 S !$E~sm -rr.n ELI ~ ~ f~ I ©'x ~ 6s~' ~ . 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PAGE 10 r _ ~ " ran .w..nan K* il: ,~ ~ ui.rw.awrtcr ...r,...~ ., .. ~ .. ~~ ~'.w,. ~~ ~~ .....o>~.~. .ra.4 °. m: Y: ~ ,.°~ w.nrxr.r ( I EXHIBIT A Exhibit E -Common Driveway Exhibit Map t;`21"mL9CN011lfAT~}'~LlNYLRV412-071 ~~itldMYRT /4T.pWi . hYT[ GfI1R, 50.1.OYYi TO -DilCi.6t37ti1l~Dij -1v~-'.''W-MY -..--;-'x=::~ik~_~51P iYa~~ W-...... ... -,.,_.._a~Pr,WN.-~yPq-^----YY~~2'W- ~ EP EP EP~~-A-- EP p~ EP EP -- EP EP _R-.~- M/a - ,szt LOT 15 BLOCK 1 \~ OPEN 26,046 SF d~ 0.60 ACt \ eo' i ~~' _ __ _ ,.- _ s....... _._.-~ ~ - - _.__ x-~-.-~- '~ 1 ~ ~ " lOT 8 ~ ~ ~ BLOgC 1 '~ 4 {~j h lOT 9 3\ °z~ ~ ~ BLOCK 1 0 ~, 6,5115E ~'~ ' 0.15 ACt ~ i ( 1~ rn -,.' f ~w 1'- ,_. /~ - --^~--~. r~\\ '~ LJ'\ ___~~ w -- ~' W. -----~-~~ y.. 9,552 SF ~. x0.22 ACt '\~~ ~ C~ i x ,.- _~ ! ~`~ 1.~2' ~~~ % _._._-~ /~ ~ ~ SOT ~ / -~ r " BLOCK 1 ( Q 7,202 SF l ~, 0.17 ACt y x 4 ~. .. _` _._ 123' K . -_.... ____ __1 na l c,~ ~.~ ~ x l0T 12 ~ ~~~ ~ i ~ ~ , 1 t ~ e~ocK 1 ..~ ~ t ~. , ~ t S t ~ ~ TRADEWINDS SUBDIVISION ~~ ~ ~~ ADA COUNTY IDAHO o ~~ N COMMON DRIVE EXHIBIT ~~ Tradewinds Subdivision No. 2 FP-13-039.doc PAGE 11 ~NGII~IEERfNG October 13, 2013 Project No.;13-097 ex~~~~r B 9233 WEST STATE STREET ~ BOiSE,1D 83714 ( 20$.639.6939 ( FAX 208.639.6930 Community Development City of Meridian 33 East Broadway Avenue Meridian, ID 83642 RE: Tradewinds Subdivision No. 2 - FP-13-039 Acceptance of Final Plat Conditions To Whom it May Concern: We are in receipt of the staff report for the above-referenced final plat application from Sonya Watters on October 30, 2013. Please accept this letter as formal acceptance of the conditions of approval contained therein. Should you have questions or need any fur#her information in order to place this item on the Council's Consent agenda for November 6, 2013, please contact our office as soon as possible. Sincerely, KM Engineering, LLP r y { ~Z I 1<irsti Allphin Development Assistant ENGINEERS ~ SURVEYORS ~ PLANNERS www.kmengilp.com