McLinder Subdivision No. 2 FP-15-001BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 7 BUILDING )
LOTS ON 5.37 ACRES OF LAND IN )
THE C -N ZONING DISTRICT FOR )
MCLINDER SUBDIVISION NO.2 )
BY: TS DEVELOPMENT, LLC )
APPLICANT )
HEARING DATE: FEBRUARY 3, 2015
CASE NO. FP -15-001
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on February 3, 2015 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 Department 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:
1. The Final Plat of "PLAT SHOWING MCLINDER SUBDIVISION NO. 2,
LOCATED IN A PORTION OF THE NW %4 OF SECTION 36, T. 4 N., R. 1 W.,
B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN
DATE: 1/6/15, CARL PORTER, PLS, SHEET 1 OF 4," is conditionally approved
subject to those conditions of Staff as set forth in the staff report to the Mayor and
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MCLINDER SUBDIVISION NO. 2 FP -15-001
Page 1 of 3
City Council from the Planning and Development Services divisions of the
Community Development Department dated February 3, 2015, a true and correct
copy of which is attached hereto marked "Exhibit A" and by this reference
incorporated herein, and the response letter from Lance Warnick, 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 MCLINDER SUBDIVISION NO.2 FP -15-001
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 14 day of
v , 2015.
By:
Tammy eer
Attest: �Go�Qos Mayor, of Meridian
9
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JHo an F SEf11.
City Clerk r�
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
B. Dated: a - Is -
7
ORDER
s—
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MCLINDER SUBDIVISION NO. 2 FP -15-001
Page 3 of 3
STAFF REPORT
MEETING DATE:
SUBJECT:
EXHIBIT A
February 3, 2015
Mayor and City Council
Sonya Watters, Associate City Planner
208-884-5533
(�/-WEIDIAN*
IDAHO
Bruce Freckleton, Development Services Manager
208-887-2211
FP -15-001 — McLinder Subdivision No. 2
I. APPLICATION SUMMARY
The applicant, TS Development LLC, has applied for final plat (FP) approval of 7 building lots on
5.37 acres of land in the C -N zoning district for the second phase of McLinder Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the McLinder Subdivision No. 2 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number FP -15-001 as presented in the staff report for the hearing date of
February 3, 2015, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP -15-001, as presented during the hearing on February 3, 2015, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP -15-001 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 at 4650 N. Linder Road and 1437 W. McMillan Road, in the northwest 1/4 of
Section 36, Township 4 North, Range 1 West. (Parcel No.'s: SO436223442 & SO4362233402).
B. Applicant:
Tom Bevan, TS Development LLC
4202 N. Marcliff Avenue
Boise, ID 83704
C. Owner:
Same as applicant
McLinder Subdivision No. 2 FP -15-001 PAGE 1
EXHIBIT A
D. Representative:
Lance Warnick, Aspen Engineers
485 N. Main Street
Kuna, Idaho 83634
V. STAFF ANALYSIS
The proposed final plat depicts 7 commercial building lots on 5.37 acres of land in a C -N zoning
district.
All future development within this subdivision must comply with the dimensional standards of the C-
N zoning district listed in UDC Table 11-213-3. Staff has reviewed the proposed plat and found it in
compliance with the aforementioned dimensional standards.
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 and found the number of buildable
lots is the same. Therefore, staff deems the proposed final plat in substantial compliance with the
approved preliminary plat.
VI. SITE SPECIFIC CONDITIONS
1. The final plat prepared by Sawtooth Land Surveying, LLC, stamped on January 6, 2015 by Carl
Porter, shall be revised as follows:
a. The width of the landscape and sidewalk easement depicted on the face of the plat along W.
Ann Taylor Street shall be increased to allow for the required 10 -foot wide street buffer and
5 -foot wide sidewalk. If the sidewalk or a portion of the sidewalk is located within the right-
of-way, an easement is not necessary for that portion of the sidewalk.
b. All street buffers shall be depicted on a common lot or on a permanent dedicated buffer
(rather than an easement), per UDC 11-313-7C.2.
c. Include a note on the face of the plat stating all street buffers shall be maintained by the
property owner or business owners' association in accord with UDC 11 -3E -7C.2.
2. The landscape plan prepared by Harvest Design, dated 8/19/13, shall be revised as follows:
a. Increase the width of the street buffer along W. Ann Taylor Street to 10 feet, measured from
back of sidewalk.
b. All open irrigation ditches and canals are required to be fenced in accord with the standards
listed in UDC 11-3A-613 unless improved as part of the development as a water amenity in
accord with the standards listed in UDC 11-1A-1. Include fencing details on the plan or
demonstrate compliance with the water amenity standards listed in UDC 11-1A-1.
3. 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.
4. The applicant shall pipe the Lemp Canal along the north boundary of the site except for the
portion (approximately 485 feet) approved by City Council with the preliminary plat to be left
open.
5. The applicant shall obtain the City Engineer's signature on a final plat within two years of City
Council approval of the preliminary plat (by November 26, 2015), in accord with UDC 11-613-7.
6. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
McLinder Subdivision No. 2 FP -15-001 PAGE 2
EXHIBIT A
7. Prior to City Engineer signature on the final plat, the applicant shall remove all existing structures
on the site and the access via W. McMillan Road for the existing home.
8. Applicant shall be required to connect an 8 -inch diameter water main to the existing water main
stub from McMillan Road to the existing stub that was installed with McLinder Subdivision No.
1 near the southern common corner of Lot 28 and 29, Block 1.
9. With the development of Lots 27 and 28, Block 1, a water main shall be extended to connect the
existing main stub at the north end of the access road adjacent to Lot 26, Block 1 to the existing
water main stub at the access drive to McMillan Road.
10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
11. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
12. Prior to submittal for building permits, Certificate of Zoning Compliance and Design Review
approval is required to be obtained for each of the commercial structures. Future development
shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines
contained in the City of Meridian Design Manual.
VII. ONGOING CONDITIONS OF APPROVAL
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC I1-313-13 and UDC 11-311-14.
2. Applicant shall meet all terms of the approved annexation and zoning (AZ -13-010, Development
Agreement Inst. #114099372), preliminary plat (PP -13-022), and conditional use permit (CUP -
13 -010) for this site.
3. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
4. The applicant shall have an ongoing obligation to maintain all pathways.
5. The applicant has a continuing obligation to comply with the outdoor lighting provisions asset
forth in UDC 11-3A-11.
6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
VIII. PROCESS CONDITIONS OF APPROVAL
1. No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
3. The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years (on or before November 25, 2016) or 2)
gain approval of a time extension as set forth in UDC 11-613-7.
McLinder Subdivision No. 2 FP -15-001 PAGE 3
EXHIBIT A
4. The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat asset forth in UDC 11-613-
713.
5. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
6. Prior to the City Engineer's signature on the final plat, the applicant shall close the existing access
to the arterial roadway as set forth in UDC 11 -3A -3A.
7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
IX. 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 suety 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
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 infi•astructure 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. 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.
McLinder Subdivision No. 2 FP -15-001 PAGE 4
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 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
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 prepared by an Idaho
Licensed Professional Land Surveyor, 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. All easements must be
submitted, reviewed, and approved prior to development plan approval.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
McLinder Subdivision No. 2 FP -15-001 PAGE 5
EXHIBIT A
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.
X. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 11/1/13)
C. Proposed Final Plat (dated: 1/6/15)
D. Proposed Landscape Plan (dated: 8/19/13)
McLinder Subdivision No. 2 FP -15-001 PAGE 6
EXHIBIT A
Exhibit A — Vicinity Map
McLinder Subdivision No. 2 FP -15-001 PAGE 7
EXHIBIT A
Exhibit B — Approved Preliminary Plat (dated: 11/1/13)
McLINDER SUBDIVISION
LOCATED INA PORTION OF THE NW 1/4 OFTHE NW 114OF
SECTION 36. TAN, R.1 W, BOISE MERIDIAN.
CITY OF MERIDIAN, ADA COUNTY. IDAHO
NOVEMBER 1. 2013
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EXHIBIT A
Exhibit C — Proposed Final Plat (dated: 1/6/15)
MCt_INDER SUBDIVISION N0. 2
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McLinder Subdivision No. 2 FP -15-001 PAGE 9
EXHIBIT B
Sonva Watters
From: Lance Warnick stance@AspenEngineers.com>
Sent: Tuesday, February 03, 2015 10:38 AM
To: Sonya Watters
Cc: Thomas Bevan; Mary Murphy
Subject: RE: McLinder Subdivision No. 2 Staff Report for 2/3 CC Mtg
Sonya,
discussed the conditions with the owner and It looks like we are In agreement with the staff report.
Thanks,
Lance Warnick, P.E.
Principal Engineer
Aspen Engineers
485 W. Main St, Suite B • PO Box 205 • Kusa, Idaho 83634
Phone (208) 466-8181 • Cell (208) 989.4531 • lancePAspenEngineers.com
From: Sonya Watters [mallto:swatters@merldlancity.org]
Sent:. Tuesday, February 03, 2015 8:11 AM
To: lance@AspenEngineers.com
Subject: RE' McLinder Subdivision No. 2 Staff Report for 2/3 CC Mtg
Hi Lance,
Can you please send me a written response to the staff report (if you're In agreement or not)?
Thanks,
Sonya
From: Sonya Watters
Sent: Thursday, January 29, 2015 4:16 PM
To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill
Cc: 'lance@AspenEnglneers.com'
Subject: McLinder Subdivision No. 2 Staff Report for 2/3 CC Mtg
Attached is the staff report for the proposed final plat for McLinder Subdivision No. 2. This item is scheduled
to be on the Council agenda on February 3rd. The public hearing will be held at City Hall, 33 E. Broadway
Avenue, beginning at 6:00 pm. Pease call or e-mail with any questions.
Lance - Please submit any written response you may have to the staff report to the City Clerk's office
(iholman@meridiancitv.or¢, mhill@meridiancitv.ore, hbinklev@meridiancitv.ore and
iiones@meridiancitv.ora) and myself (e-mail or fax) as soon as possible.
Thanks,
Sonya