Da Vinci Subdivision FP-14-013BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 35 BUILDING
LOTS AND 5 COMMON/OTHER
LOTS ON 7.76 ACRES OF LAND IN
THE R-8 AND C -N ZONING
DISTRICTS FOR DA VINCI PARK
SUBDIVISION
BY: CS2, LLC
APPLICANT
HEARING DATE: MAY 6, 2014
CASE NO. FP -14-013
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on May 6, 2014 for final plat approval
pursuant to Unified Development Code (UDC) 1 I -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:
1. The Final Plat of "PLAT SHOWING DA VINCI PARK SUBDIVISION,
LOCATED IN A PORTION OF LOT 7, CRESTWOOD SUBDIVISON AND A
PORTION OF THE NE/40F THE NE/40F SECTION 31, TAN., R.IE., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR DA VINCI PARK SUBDIVISION (FP -14-013)
Page 1 of 3
DATE: 3/9/14, MICHAEL E. MARKS, PLS, SHEET 1 OF 2," 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 May 6, 2014, a true and
correct copy of which is attached hereto marked "Exhibit A" and by this reference
incorporated herein, and the response letter from Robert Unger, 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 DA VINCI PARK SUBDIVISION (FP -14-013)
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 pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the a` day of
lel a�J , 2014.
By:
Tammy de erd
Q�gEDAVICUST Mayor, City of Meridian
Attest: �Go44
0
City of
IDAHO
Ja c eo SEAL
Cit Cler"'FA
°r the tdEps
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
By: Dated: C) I
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR DA VINCI PARK SUBDIVISION (FP -14-013)
Page 3 of 3
EXHIBIT A
STAFF REPORT
MEETING DATE: May 6, 2014
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP -14-013 — Da Vinci Park
L APPLICATION SUMMARY
EFIDIAN*,---.,-,
IDAHO
The applicant, CS2, LLC, has applied for a final plat (FP) consisting of 35 building lots (34
residential and 1 commercial) and 5 common lots on 7.76 acres of land in the R-8 and C -N zoning
districts for Da Vinci Park subdivision.
II. STAFF RECOMMENDATION/DECISION
Staff recommends approval of the Da Vinci Park 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 -14-013 as presented in the staff report for the hearing date of May
6, 2014, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP -14-013, as presented during the hearing on May 6, 2014, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP -14-013 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 4715 N. Locust Grove Road, in the NE'/a of Section 31, T. 4N.,
R. IE. (Parcel Numbers: R1608650183; R1608650190; R1608650200; S0531110160)
B. Applicant:
CS2, LLC
8921 W. Hackamore Drive
Boise, ID 83709
C. Owners:
Larry C. Harpe and IX Eagle Investments, LLC
Da Vinci Park FP -14-013 PAGE 1
EXHIBIT A
D. Representative(s):
Bob Unger, ULC Management, LLC
6104 N. Gary Lane
Boise, ID 83714
V. STAFF ANALYSIS
The proposed final plat depicts 35 building lots (34 residential and 1 commercial) and 5 common lots
on 7.76 acres of land in the R-8 and C -N zoning districts.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP -13-036). Because there are 6 fewer building lots shown on the final plat than approved with
the preliminary plat, and the amount of qualified open space number is consistent with UDC
standards and the conceptual development plan approved with MDA -14-002, staff deems the final
plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-613-
3C.2.
Note: Per the amended development agreement approved with MCU -14-002, the applicant is allowed
to commence construction of two homes on the site, one on each of the two existing parcels, after all
of the existing structures are removed from the site. Access to these building sites shall comply with
the Fire Department's standards and any other applicable life safety requirements. These structures
shall be located so that they comply with the setbacks of the R-8 zoning district for the future platted
lots. Prior to issuance of Certificate of Occupancy for these structures, the subject final plat shall be
recorded and all site improvements shall be completed and accepted by the City.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the previously approved development applications for this site
(RZ-13-016, Development Agreement Instrument #107005526), preliminary plat (PP -13-0236,
and amended Development Agreement (MDA -13-021) 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 January 28, 2016), in accord with UDC 11-613-7.
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 Westbound Surveying Services, stamped on March 9, 2014 by Michael
E. Marks, shall be revised as follows:
a. Include the recorded instrument number in note #5.
b. Include a dimension on Lot 2, Block 3 for the front property line.
c. Revise the frontage on Lots 18 and 19, Block 3 and Lot 7, Block 2 to comply with the
minimum 50 foot street frontage requirement (UDC Table 11-2A-6).
5. The landscape plan prepared by The Land Group, dated 2/26/14, shall be revised as follows:
a. Revise the fencing type adjacent to the common area on Lots 8 and 23, Block 3 from 6 -foot
tall cedar to either a 6 -foot open vision material or 4 -foot tall solid material in accord with
UDC 11 -3A -7A.7.
b. Remove the note that states, "10' setback from ROW".
c. All fencing is required to "step down" to 3 feet if solid material is used or 4 feet if open vision
material is used, within 20 feet of the right-of-way. Either include a note as such on the plan or
depict graphically.
Da Vinci Park FP -14-013 PAGE 2
EXHIBIT A
6. The residential structures built within this subdivision shall be consistent with the conceptual
elevations included in the development agreement. Additionally, the developer shall incorporate
some of the same design elements in the commercial portion of the development as in the
residential portion of the development in accord with the design guidelines contained in the
Design Manual.
7. The side of the structure on Lot 2, Block 1 that faces E. McMillan Road and the rear of the
structures on Lots 1-7, Block 3 that back up to N. Locust Grove. Road shall incorporate
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
8. A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved by the Planning Division for all single-family attached and commercial structures
on the site prior to issuance of building permits.
9. All fencing installed on the site shall comply 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.
10. This development sits adjacent to a water pressure zone boundary, and therefore special
considerations in design must be made to ensure the separation of the zones. One connection is to
be made to the high pressure main in E. McMillan Road at the intersection of N. Park Crossing
Avenue, and a second connection is to be made from the proposed main in N. Bright Creek
Avenue cul-de-sac to the existing main in N. Locust Grove Road.
11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
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 (ACHD) 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
Da Vinci Park FP -14-013 PAGE 3
EXHIBIT A
with the City of Meridian. 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, and water infrastructure for a duration
of two years. 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 887-2211.
8. All development improvements, including but not limited to sewer, water, fencing, and
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy, or as otherwise allowed by UDC 11-5C-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, 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. Contact the City of
Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of
existing street lighting.
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
Da Vinci Park FP -14-013 PAGE 4
EXHIBIT A
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.
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, a single -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/Zoning Map
B. Approved Preliminary Plat (dated: 8/19/13)
C. Proposed Final Plat (stamped/dated: 3/9/14)
D. Landscape Plan (dated: 2/26/14)
Da Vinci Park FP -14-013 PAGE 5
EXHIBIT A
Exhibit A — Vicinity Map
Da Vinci Park FP -14-013 PAGE 6
EXHIBIT A
Exhibit B — Approved Preliminary Plat (dated: 8/19/13)
W.-WLAN ROAD
CS2. LLC
DA VINCI PARK waT J.
PRE1JM17<,RY PIAT
Da Vinci Park FP -14-013 PAGE 7
PRELIMINARY PLAT SHOWING
DA VINCI PARK SUBDIVISION
A SUBDIVISION
LOCATED IN THE NE 1/4, OF THE NE 1/4,
SECTION 31, T.4N- RAE., B.M.
ADA COUNTY, IDAHO
14 ACRE
RETAIL LOT
11
2013
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1 4,10 11
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CS2. LLC
DA VINCI PARK waT J.
PRE1JM17<,RY PIAT
Da Vinci Park FP -14-013 PAGE 7
EXHIBIT A
Exhibit C — Proposed Final Plat (dated: 3/9/14)
PLAT SHOWM N.
DA YZ=1 PARK NU
A PORTION OF LOT 7. CKSTTMOOD SUED MSM AND A PORTION OF
THE NE 1/4 OF TME NE 1/4 OF SECTN7N 31, T. 4N.. R.TE.. N.M..
CM OF MERIDIAN. ADA COUNTY. IDAHO
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Da Vinci Park FP -14-013 PAGE 8
EXHIBIT A
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Da Vinci Park FP -14-013 PAGE 9
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TO: Meridian City Council
33 E. Broadway Ave., Suite 210
Meridian, Idaho 83642
DATE: April 30, 2014
RE: Response to Staff Report for FP -14-013 —Da Vinci Park
We have reviewed the Staff Report and concur with the report and agree with the Conditions of Approval.
We look forward to working with you and your staff on this project and request your approval. If you
have any questions or concerns please contact me at (208) 861-5220.
Sincerely,
Robert C. Unger
Manager
ULC MANAGEMENT - 6104 N. GARY LANE - BOISE, IDAHO 83714
(208) 861-5220 - BUNGER@ULCMANAGEMENT.COM