Shallow Creek FP-14-043BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 16 MULTI-
FAMILY BUILDING LOTS AND 3
COMMON LOTS ON 5.84 ACRES
IN THE R-15 ZONING DISTRICT
BY: A TEAM LAND
CONSULTANTS
APPLICANT
HEARING DATE: DECEMBER 16, 2014
CASE NO. FP -14-043
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on December 16, 2014 for final plat approval
pursuant to Unified Development Code (UDC) 11-613-3 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 "PLAT SHOWING SHALLOW CREEK SUBDIVISION,
LOCATED IN THE NW '/4 of SECTION 17, T.3N., R.IE., MERIDIAN, ADA
COUNTY, IDAHO, 2014, BY DARIN HOLZHEY, PLS, SHEET 1 OF 3," is
approved subject to the conditions set forth in the staff report to the Mayor and
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHALLOW CREEK SUBDIVISION (FP -14-043)
Page 1 of 3
City Council from the Planning and the Development Services Divisions of the
Community Development Department dated December 16, 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 Steve Arnold, A Team Land
Consultants, 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 SHALLOW CREEK SUBDIVISION (FP -14-043)
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.
Tammy
Mayor,
Attest: '
cny o:
li]TAN*-
ionfn
Jl�"L
Jaycee Hol''E
City Clerk
Copy served upon the Applicant, Planning Division, Public Works Department, and City
Attorney.
By: Dated: V64 3l
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHALLOW CREEK SUBDIVISION (FP -14-043)
Page 3 of 3
STAFF REPORT
EXHIBIT A
BEARING DATE: December 16, 2014
TO:
FROM:
SUBJECT:
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
(AVE IDIAN
lt3AkQ ;
Bruce Freckleton, Development Services Manager
208-887-2211
FP -14-043 — Shallow Creek
I. APPLICATION SUMMARY
The applicant, A Team Land Consultants, has applied for final plat approval consisting of sixteen (16)
multi -family building lots and three (3) common/other lots on 5.84 acres of land in the R-15 zoning
district.
H. STAFF RECOMMENDATION
Staff recommends approval of the Shallow Creek Subdivision 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 -14-043 as presented in the staff report for the hearing date of
December 16, 2014, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP -14-043, as presented during the hearing on December 16, 2014, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP -14-043 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 site is located on the southeast corner of S. Locust Grove Road and E. Franklin Road in the
NW '/4 of Section 17, Township 3N., Range ]E. (Parcel No. 51117223430)
B. Owner:
BCS Properties, LLC
1341 S. Spring Valley
Nampa, ID 83686
C. Representative:
Steve Arnold, A Team Land Consultants
1785 S. Whisper Cove Avenue
Boise, ID 83709
Shallow Creek FP -14-043 PAGE 1
EXHIBIT A
V. STAFF ANALYSIS
The proposed final plat depicts sixteen (16) multi -family building lots and three (3) common/other
lots on 5.84 acres of land in the R-15 zoning district. All of the lots comply with the dimensional
standards of the R-15 zoning district. The approved conditional use permit and the recorded
development agreement allow the site to develop with 64 multi -family units for a gross density of
10.96 dwelling units to the acre.
The recorded development agreement also requires the site to develop with 3.82 acres of open space.
Per UDC 11 -3A -14B.3., the proposed 25 -foot wide landscape buffers adjacent to S. Locust Grove
Road and E. Franklin Road must be installed with the subdivision improvements. For the landscape
improvements within the floodway, the applicant must have the plans reviewed and approved by the
City's Flood Plain Administer, the Nampa Meridian Irrigation District and the Army Corp of
Engineers prior to City Engineers signature on the final plat. Except for the street buffers, the internal
landscaping and amenities will be reviewed for conformance with a future certificate of zoning
compliance and administrative design review application.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP -14-008). Because the number of buildable lots and common lots are the same, staff deems
the final plat to be in substantial compliance with the approved preliminary plat as required by
UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ -14-008), development agreement
(#2014-095960), preliminary plat (PP -14-008) and conditional use permit (CUP -14-005) for this
development.
2. The applicant has until September 16, 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. The final plat prepared by Mason and Stanfield Inc., stamped on November 6, 2014 by Darin
Holzhey shall be revised as follows:
a. Note #2: Insert recorded instrument number.
b. Note #5: Insert recorded instrument number.
c. Add a 25 -foot wide common lot along the west boundary of Lot 19, Block 1 and include the
new common lot with plat note #9.
d. Lot 14, Block 1 shall be a common lot and included with plat note #9.
e. Prior to signature on the final plat, a public pedestrian easement for the multi -use
pathway along the Five Mile Creek shall be submitted to the Planning Division of the
Community Development Department, approved by the City Council and recorded.
After recordation reference the recorded instrument number with plat note #9.
5. The landscape plan prepared by Power Enterprises, dated November 7, 2014, shall be revised as
follows:
a. The applicant shall construct a 25 -foot wide landscape buffer adjacent to S. Locust Grove
Road and E. Franklin Road in accord with UDC 11 -3B -7C. These buffers must be installed in
accord with UDC 11 -3B -14B.3. The required landscape area shall be at least 70 percent
covered with vegetation at maturity, with mulch used under and around the plants.
Shallow Creek FP -14-043 PAGE 2
EXHIBIT A
b. Per the recorded development agreement, the site must develop with a minimum of 3.82
acres of open space. The applicant shall provide details of the landscaping proposed for
the area within the floodway (Lot 1, Block 1, excluding the required street buffers). The
applicant shall have the plans reviewed and approved by the City's Flood Plain
Administrator, Nampa and Meridian Irrigation District, and the Army Corp of
Engineers.
Provide two (2) full size copies of landscape plan with the aforementioned changes prior to
obtaining City Engineer's signature on the final plat.
6. The applicant shall obtain CZC and administrative design review approval and record the final
plat prior to applying for a building permit for any and all structures within this development.
NOTE: A CZC application may include one or more multi -family units on a lot/parcel.
7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7.
Temporary construction fencing to contain debris shall be installed at the subdivision boundary
prior to release of building permits for this subdivision.
8. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the applicant of responsibility for compliance.
9. Prior to final plat signature, the applicant shall provide a letter from the United States Postal
Service stating that the applicant has received approval for the location of mailboxes. Contact the
Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information.
10. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any
development occurring in the Overlay District a floodplain permit application, including
hydraulic and hydrologic analysis is required to be completed and submitted to the City and
approved by the Floodplain Administrator per MCC 10-6.
11. Applicant shall be required to provide a looped water system through the development to the
existing main in the adjacent LDS Church site as shown on the preliminary plat map.
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 (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.
Shallow Creek FP -14-043 PAGE 3
EXHIBIT A
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, 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
Shallow Creek FP -14-043 PAGE 4
EXHIBIT A
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
(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. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (PP -14-008)
C. Proposed Final Plat (dated: 11/06/14)
D. Proposed Landscape Plan (dated: 11/07/14)
Shallow Creek FP -14-043 PAGE 5
EXHIBIT A
Exhibit A — Vicinity Map
Vicinity Map 075 °Miles 0
Shallow Creek FP -14-043 PAGE 6
EXHIBIT A
Exhibit B — Approved Preliminary Plat (PP -14-008)
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Shallow Creek FP -14-043 PAGE 7
EXHIBIT A
Exhibit C —Proposed Final Plat (dated: 11/06/14)
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Shallow Creek FP -14-043 PAGE 8
EXHIBIT A
Exhibit D. — Proposed Landscape Plan (dated: 11/07/14)
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Shallow Creek FP -14-043 PAGE 9
WLanMd Development 8R®alEstate
rvices
December 11, 2014
Mr. Bill Parsons, Associate City Planner
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
Dear Bill:
Subject: Shallow Creek Final Plat Conditions
We have reviewed all the site specific and general requirements for Shallow Creek Final
Plat, FP -14-043, and will comply with all of the conditions prior to recording the plat.
Sincerely,
A Team Land Consultants
Steve Arnold
Project & Real Estate Manager
Cc: Dave Scaggs
Land Use Planning & Design/ Project Management/ Real Estate
1785 Whisper Cove Avenue, Boise Idaho 83709. Ph. (208) 871-7020 Fx. (208) 321-0525
E-mail: steve@aleamboise.com