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Bienville Square Subdivision No. 3 FP-14-024BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 40 BUILDING ) LOTS AND 4 COMMON/OTHER ) LOTS ON 5.27 ACRES OF LAND IN ) THE R-15 ZONING DISTRICT FOR ) BIENVILLE SQUARE ) SUBDIVISION NO.3 ) BY: CENTRE POINT SQUARE, ) LLC ) APPLICANT ) HEARING DATE: JUNE 24, 2014 CASE NO. FP -14-024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on June 24, 2014 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 BIENVILLE SQUARE SUBDIVISION NO. 3, LOCATED IN THE NE '/, OF SECTION 5, T.3N., R. IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, DATED: 04/19/14, MICHAEL E. MARKS, PLS, SHEET 1 OF 3," is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FORBIENVILLE SQUARE SUBDIVISION NO. 3 (FP -14-024) Page 1 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning Division and Development Services Division of the Community Development Department, dated June 24, 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 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 BIENVILLE SQUARE SUBDIVISION NO. 3 (FP -14-024) 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 day of '2014. By� Tammy de rd ¢CQ�pTED A 0,; l' Mayor, Cr of Meridian Attest: 0 C;ryor C E IDTAN# Jaycee -man c, SEAT" City Clerk Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: Dated: '��$/a0�� ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BIENVILLE SQUARE SUBDIVISION NO. 3 (FP -14-024) Page 3 of 3 STAFF REPORT MEETING DATE: June 24, 2014 CVEPIDIAN*,,-, TO: Mayor and City Council 1 D A M O FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-'14-024—Bienville Square No. 3 I. APPLICATION SUMMARY The applicant, Centre Point Square, LLC, has applied for a final plat (FP) consisting of forty (40) residential building lots and four (4) common/other lots on 5.27 acres of land in the R-15 zoning district. II. STAFF RECOMIVIENDATION/DECISION Staff recommends approval of Bienville Square Subdivision No. 3 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 -14-024 as presented in the staff report for the hearing date of June 24, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-024, as presented during the hearing on June 24, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-024 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 west of N. Eagle Road and South of E. Ustick Road, in the NE 1/4 of Section 5, T.3N., R.1 E. (Parcel Number: R0945590010) B. Applicant/Owner: Centre Point Square, LLC 8921 W. Hackamore Drive Boise, ID 83709 C. Representative(s): Bob Unger, ULC Management, LLC 6104 N. Gary Lane Bienville Square No. 3 FP -14-024 PAGE 1 EXHIBIT A Boise, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts forty (40) residential building lots and four/other (4) common lots on 5.27 acres of land in the R-15 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -13-042). Because the number of building lots shown on the final plat is the same as the approved preliminary plat and the amount of qualified open space number is consistent with the approved landscape plan, staff deems the final plat to be in substantial compliance as required by UDCI 1 -6B -3C.2. VI. SITE SPECIFIC 1. Applicant shall meet all terms of the approved preliminary plat (PP -13-042) and development agreement (DA #114041278) for this site. 2. The applicant has until April 15, 2016, to obtain City Engineer's signature on the final plat or apply for a time extension 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. Prior to signature on the final plat, the developer shall post no parking signs on one side of the private streets (E. Picard Lane, E. Bourbon Lane, N. Cajun Lane). 5. Prior to signature on the final plat, the developer shall install two (2) Meridian Fire Department approved traffic calming devices (Speed Cushions) on E. Picard Lane and one (1) Meridian Fire Department approved traffic calming device (Speed Cushion) on E. Bourbon Lane as a part of the Bienville Square No. 3 construction. 6. Prior to signature on the final plat, the developer shall make repairs to the existing pathway located on Lot 22, Block 1, Bienville Square Subdivision where adjacent to the proposed development. 7. The final plat prepared by Westbound Surveying Services, stamped on May 19, 2014 by Michael E. Marks, shall be revised as follows: a. Note #7: Insert instrument #114041278. b. Note #15: Add "in accord with shared maintenance and use agreement recorded as instrument #114036562." c. Insert the Alleman Lateral User's Association easement instrument number on the face of the plat. d. Graphically depict a 20 -foot common driveway within a common lot across Lots 64, 65, and Lots 67-70, Block 1 in accord with UDC 11 -6C -3D. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. 8. The landscape plan prepared by The Land Group, dated 12/18/13, shall be revised as follows: a. Provide a detail of the gazebo area prior to signature on the final plat. b. All fencing shall be designed in accord with UDC 11-3A-7. c. All existing landscaping not being removed within the boundaries of the project must remain protected during construction on the site in accord with UDC 11-311-10. Bienville Square No. 3 FP -14-024 PAGE 2 LK�:II:lY17_1 d. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 9. All single family homes (detached and attached) within the proposed development shall obtain certificate of the zoning compliance and administrative design review approval prior to submitting an application for building permit. 10. Because 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. 11. Staffs failure to cite specific ordinances, conditions from the preliminary plat or the recorded development agreements does not relieve the applicant of responsibility for compliance. 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 (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 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. Bienville Square No. 3 FP -14-024 PAGE 3 EXHIBIT A 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 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. 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 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 Bienville Square No. 3 FP -14-024 PAGE 4 EXHIBIT A (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. VIII. EXIIIBITS A. Vicinity Map B. Approved Preliminary Plat (PP -13-042) C. Proposed Final Plat(stamped/dated: 05/19/14) D. Proposed Landscape Plan (dated: 12/18/13) Bienville Square No. 3 FP -14-024 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map Vicinity Map 020 fres 0 me ro..1i snows onIms map s wmpiwom ro I wM .s me rs sOpd 1. mnslem MI. nme city61.ealon m.w no w.a.nw or guamnG. nsbUr.OLL fenypfine as p.9. and .uumes no lapelry b fTl%CITL!'.. 1� 1 o4on wnN neJ anl�smoP. 0 • I—L—I-� I Hr—`iie� C -L R1 _card Ln C� E a r s 3 7I� Seville L — 6 - R' E a el Lrll z _2 a P O�tI;ItL�R-2 W _ !� RI ask >v t r 1 L wra S. t _ r r E1S. la�MisBd RI R40 � I T� , Rl otg ; 1 �� r_ _ � VE IDIZ IAN;�- Ptld Date: 5/29/2014 �� Bienville Square No. 3 FP -14-024 PAGE 6 Exhibit B — Approved Preliminary Plat EXHIBIT A PRELMWARY PI -Al SHOIXNG CENTRE POINT SQUARE SUBDIVISION A RESUODINSIDN OE LOT d6 MOCK 2. HMNNLIE SQUARE SUBDIVISION NO 2 LOCATE) M THE HE 1/4 CE SECTION 5. T. 3N., R.IE., B.M., MERIDIAN. ADA COUNTY, IDAHO 2013 r1ii, Milia Ti7ii,-11F 7 A • :aa fieri "��_ m.._....y+�+a%�-.e eum v iasx�:...._... 1. �N NDN "_=rs'�r.•e'.�.gi� :�: n WS TYY mup urs. M.W, POw SCUARC. LLC w..o-...w...e.n. CENTRE POINT SQUARE EXHIBIT A PRELMWARY PI -Al SHOIXNG CENTRE POINT SQUARE SUBDIVISION A RESUODINSIDN OE LOT d6 MOCK 2. HMNNLIE SQUARE SUBDIVISION NO 2 LOCATE) M THE HE 1/4 CE SECTION 5. T. 3N., R.IE., B.M., MERIDIAN. ADA COUNTY, IDAHO 2013 r1ii, Milia Ti7ii,-11F 7 A Bienville Square No. 3 FP -14-024 PAGE 7 • :aa fieri "��_ m.._....y+�+a%�-.e Hs' --m s���aexilrasa;s v iasx�:...._... 1. • .6�� :mss: -refs-a :•s "_=rs'�r.•e'.�.gi� :�: n WS TYY mup urs. M.W, POw SCUARC. LLC w..o-...w...e.n. CENTRE POINT SQUARE Bienville Square No. 3 FP -14-024 PAGE 7 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 05/19/14) PLAT SHOwNO A REPLAT OF LOT OI. BLOCN 1, BIMMLLE SQUARE SUBDINSION NO.2 w1 LOCATED IN THE NE 1/4 OF SECTION 5, T. ON., R.M. B.M.. 1x u g9y.j�J— y CITY OF MEITmmm. AOA COUNTY. IDAHO 2014 . v�Gfr Wp: SQUARE — F SUBDI_ �$ uu xLNT of emxxxP V'� ISI I' 1 gip_ BIpLi£ MVISION ii SII i� aLLIO�L _� ___�` N. CAJUN IANE (PRIVAIEJ p � T.a J m n n re 1 4T. m el u m r UNPLATTEO j -T 1-1-f -F I -'I - LIJ LU -LL �- BIENNLLE SQUARE SUBDINSION SEE SHEET 2 OF J FOR NOTES AND CURVE DATA 1Od 4 IED R � u u u el w w w. w ex u Z71 Vip, T E��"i LANE VATF) IPRIr n —r -T T- ii�iiiiii�U11�� VLI_�LU1 LIQ -LJ -1-j / ri N BIANC 9878 Ya IxIT9I1p m ux wsreoum �iu mmcs wze SHEEP 1 OF Q Bienville Square No. 3 FP -14-024 PAGE 8 tl,xmntt L: r rlan EXHIBIT A Prged Celalelbne: bWeel Tree Nol® ACHO LenEecalb Plan Nolee Pre -Plat LerAeeaee Nab¢ (�1 C— am nua: wx.3.o�� mm. �OeYxusTm PenPp `Jx n rr L OneWmy Bienville Square No. 3 FP -14-024 PAGE 9 wj- -I- -ONE � 0 M A N A G E M E N T TO: Meridian City Council 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: June 18, 2014 RE: Response to Staff Report for FP -14-024 — Bienville Square #3 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 U@ULCMANAGEMENT.COM