Biltmore Estates Subdivision No. 1 FP-14-033BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF TWENTY NINE
(29) RESIDENTIAL BUILDING
LOTS AND SIX (6) COMMON LOTS
ON 10.92 ACRES OF LAND IN THE
R-4 ZONING DISTRICT FOR
PHASE 1 OF BILTMORE ESTATES
SUBDIVISION
BY: L.C. DEVELOPMENT, INC.
HEARING DATE: JULY 22, 2014
CASE NO. FP -14-033
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on July 22, 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 and Development Services divisions 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 BILTMORE ESTATES SUBDIVISION
NO. 1, LOCATED IN THE N YZ OF SECTION 25, T.3N., R.1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: JUNE
16, 2014, 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BILTMORE ESTATES SUBDIVISION NO. 1 FP -14-033
Pagel of 3
Mayor and City Council from the Planning and Development Services divisions
of the Community Development Department dated July 22, 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 Becky McKay, 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 Cleric 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 BILTMORE ESTATES SUBDIVISION NO. 1 FP -14-033
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
i tUG�US�
12014.
By:
Tammy XWerd
Mayor, of Meridian
Copy served upon the Applicant, Planning and Development Services divisions of Community
Development Department, Public Works Department, and City Attorney.
Dated:f (o%)
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BILTMORE ESTATES SUBDIVISION NO. 1 FP -14-033
Page 3 of 3
STAFF REPORT
MEETING DATE:
TO:
FROM:
SUBJECT
EXHIBIT A
CVE IDIAN*;
1DAFi0
July 22, 2014
Mayor and City Council
Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
FP -14-033 —Biltmore Estates Subdivision No. 1
L APPLICATION SUMMARY
The applicant, L.C. Development, hie., has applied for final plat (FP) approval of 29 building lots and
6 common lots on 10.92 acres of land in an R-4 (medium low-density residential) zoning district. This
is the first phase of development of Biltmore Estates Subdivision.
H. STAFF RECOMMENDATION
Staff recommends approval of the Biltmore Estates Subdivision No. 1 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number FP -14-033 as presented in the staff report for the hearing date of July
22, 2014, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP -14-033, as presented during the hearing on July 22, 2014, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP -14-033 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 W. Victory Road and west of S. Meridian Road, in the
north 1/2 of Section 25, T. 3N., R. 1 W.
B. Applicant:
L.C. Development, Inc.
P.O. Box 518
Meridian, ID 83642
C. Owner:
Lee Centers
P.O. Box 518
Meridian, ID 83642
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 1
EXHIBIT A
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
V. STAFF ANALYSIS
The proposed final plat depicts 29 single-family residential building lots and 6 common lots on 10.92
acres of land in an R-4 zoning district. The gross density of the proposed subdivision is 2.66 dwelling
units (d.u.) per acre with a net density of 3.76 d.u. per acre. The minimum property size is
8,05lsquare feet (s.f) with an average size of 10,139 s.f. All of the lots proposed in this phase are for
single-family homes and must comply with the dimensional standards of the R-4 zoning district listed
in UDC Table 11-2A-5. Staff has reviewed the proposed plat and found it in compliance with the
aforementioned dimensional standards.
When parkways along collector streets (i.e. S. Kentucky Way) are counted toward the qualified open
space requirement, they are required to be a minimum of 10 feet in width and planted with one tree
per 35 linear feet, per UDC 11 -3B -7C.3 — this is in addition to the street buffer landscaping required
by UDC 11-313-7C.3 along collector streets. The landscape plan should be revised to comply with
these requirements.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-613-3C.2. The number of buildable lots is the
same and the common area has increased slightly (approximately 2,400 s.f). Therefore, staff deems
the proposed final plat in substantial compliance with the approved preliminary plat.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ -13-014, Development Agreement
Instrument #114052420) and preliminary plat (PP -14-004).
2. The applicant shall obtain the City Engineer's signature on the final plat within two (2) years of
City Council approval of the preliminary plat (by May 20, 2016); 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. The final plat prepared by Engineering Solutions, LLP, stamped on June 19, 2014 by Clinton W.
Hansen shall be revised as follows:
a. Revise plat note #10 to include the recorded instrument number of the development
agreement.
b. Revise plat note #13 to include the record of survey number.
5. The landscape plan prepared by South Landscape Architecture, P.C., dated June 24, 2014, shall
be revised prior to signature on the final plat by the City Engineer as follows:
a. Include mitigation calculations for existing healthy trees proposed to be removed; contact
Elroy Huff, City Arborist to schedule an inspection prior to removal of any trees on the site.
b. Revise calculations table to only include information applicable to Phase 1.
c. The street buffers along S. Kentucky Way are required to be planted with a minimum of one
tree every 35 linear feet in accord with UDC 11 -3B -7C.3; revise plan accordingly.
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 2
EXHIBIT A
d. The parkways along the collector street, S. Kentucky Way, are required to be a minimum of
10 -feet in width measured from curb to sidewalk and a minimum of one tree is required per
35 linear feet in order to count toward the open space requirement, per UDC 11-3G-313.6;
revise plan accordingly.
6. All fencing installed on the site must comply with the fencing shown on the landscape plan in
Exhibit D, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11 -3A -
If permanent fencing does not exist at the subdivision boundary, temporary constriction fencing
to contain debris shall be installed around this phase prior to release of building permits for this
subdivision.
Future homes constructed in this subdivision shall be generally compatible in appearance and
bulk with the pictures/elevations included in the development agreement recorded as Instrument
No. 114052420.
The rear and/or sides of homes on lots that face or back up to S. Kentucky Way 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. Prior to signature on the final plat by the City Engineer, the applicant shall obtain final approval
of the Property Boundary Adjustment (PBA -14-001) application approved for this property.
9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
10. 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 new and 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 new and 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 11-313-14A.
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
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 3
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
Biltmore Estates Subdivision No. I FP -14-033 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 Map
B. Approved Preliminary Plat (dated: 1/21/14)
C. Proposed Final Plat (dated: 6/19/14)
D. Proposed Landscape Plan (dated: 6/24/14)
Biltmore Estates Subdivision No. I FP -14-033 PAGE 5
EXHIBIT A
Exhibit A - Vicinity Map
� =MERMAN-�
W. VICTORY RD. --3— �,
Cr -
F I.
�t Follc
-
ssie
11FEPKASEB �� -}�f y
-- A HARRIS - - � RIS 5T.
e
I
I -- W. AMITY RD. f
BILTMORE ESTATES SUBDIVISION NO. 1
VICINITY MAP
1'm
880'
LOCATED IN SECTION 2'i, T. {N., R,IWI, H,1,1.
ADA 'COUNTY, IDAHO
Biltmore Estates Subdivision No. I FP -14-033 PAGE 6
EXHIBIT A
Exhibit B — Approved Preliminary Plat (dated: 1/21/14)
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 7
PRE
EXHIBIT A
Exhibit C — Proposed Final Plat (dated: 6/19/14)
PLAT SHDNING
LOCATED IN THE N 1/2 OF SECTION 25. 13N., RAA B,M.
MERIDIAN, ADA COUNTY: IDAHO
2614
M51 -I
IDR -- JD. NC.1 I
PM 7191
11
V41I.4 I ir
enm
Ir141WRPT YIq WxWW9
YO[GO
law -war
— /wlwrni
__� mva nrnww
sr iryprpq yryaYu w
lYulo uvvmn Iwo
ww yl•vsx Wm
n IunrYo
i� LC. OPIFIWMEIIr, N0.
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 8
wlr•
r b !
/) xmr� mY rr
i
�YY•
Bpl
yW
II
I
Y �•nx.&
1
�
1.0
s mw.- weexin
w.im
f:. 4.
,Y�
.. PS" Y
Yr-1
Ym'Y
MYVdIln
11
V41I.4 I ir
enm
Ir141WRPT YIq WxWW9
YO[GO
law -war
— /wlwrni
__� mva nrnww
sr iryprpq yryaYu w
lYulo uvvmn Iwo
ww yl•vsx Wm
n IunrYo
i� LC. OPIFIWMEIIr, N0.
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 8
EXHIBIT A
Exhibit D —Proposed Landscape Plan (dated: 6/24/14)
h LANDSCAPE PLAN - Phus 7
0 m Lu IbN •-..10i n1T4II.lY LAeru40A11
30ML AILp 4®r Lw sos annr. wa0e0er�
noL'o. rzALrrua DR'AmII/
DORA. LMDOOME NOWS
p s
NCAID6iL1 W E'^��•s...v.r..�.es..
T-
-----
1tNi
1 I ` I i r., y✓L i
yrs
ill
VO
AM i®RP LLO "A O"RALL MTN PLIN, �3 m
LFOEIA. 8HN 1H1W1 L&O EDH TLANT NR.
LANDSCAPE PLAN ❑ 7.'w"w`� "”' LANDNQAFZ NOT&!, AND TLANLTNo-
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 9
3
Yj
p.11
"R3m`k?•
4M MM1DATM.
1iF`i
t°lt
fill
LANo4OME OAIfLLAnONY
s�
w
6Y
W
(( 8
h
0 3
i'9
's
ON
�L1,0
6Jg�-„per
T-
-----
1tNi
1 I ` I i r., y✓L i
yrs
ill
VO
AM i®RP LLO "A O"RALL MTN PLIN, �3 m
LFOEIA. 8HN 1H1W1 L&O EDH TLANT NR.
LANDSCAPE PLAN ❑ 7.'w"w`� "”' LANDNQAFZ NOT&!, AND TLANLTNo-
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 9
MAW EWE E
•.o a..�
VM�e1".lMf.".m...�...mmr...a.
n
..• aYu. _ uu.0
.,
'Rol
w
.• rmw .
"^C,Fdvfeta�
.b.r
.. y 'hr,
�..... .a ,•.
SEE SHEEP LLO TOR OVEEALL SITE
PLAN AND MOMS LL! t ,. LLB
HOS DEPAILM LANDSCAPE PLANE
EXHIBIT A
T �• f�'�.�°YPA.'.'b3�'.ta
O aePaomu
LEGEND.
0
�. �w.,•w..aw. mKw�.Ron..G
GENERAL LANDSCAPE NOTES
wh:L eery. ,.�x�M
Biltmore Estates Subdivision No. 1 FP -14-033 PAGE 10
EXHIBIT B
Sonva Watters
From: Becky McKay <es-beckym@qwestoffice.net>
Sent: Thursday, July 17, 201411:46 AM
To: Sonya Watters
Subject; RE: Biltmore Sub 1 FP -14-033 Staff Report for 7/22 CC Mtg
Sonya:
I reviewed the staff report and conditions of approval. We are in agreement with the conditions of
approval as outlined in the report.
Thanks,
Becky McKay
ENGINEERING SOLUTIONS, LLP
From: Sonya Watters [mailto:swatters@merldiancity.orgJ
Sent: Thursday, July 17, 2014 8:37 AM
To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill
Cc: Becky McKay; Bruce Freckleton
Subject: Biltmore Sub 1 FP -14-033 Staff Report for 7/22 CC Mtg
Becky,
I've attached a copy of the staff report. If you're in agreement with the conditions, please send me a quick email (before
3:00 pm today) stating so and I will place this item on the consent agenda. The meeting is going to be realllly long
Tuesday night so if you don't have to be on the regular agenda, you don't want to be O.
Thanks,
Sonya