Biltmore Estates Subdivision 2 FP-15-009
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BILTMORE ESTATES SUBDIVISION NO. 2 (FP-15-009)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: APRIL 7, 2015
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 29 BUILDING
LOTS AND 5 COMMON LOTS ON
10.62 ACRES OF LAND IN AN R-4
ZONING DISTRICT FOR
BILTMORE ESTATES
SUBDIVISION NO. 2
BY: OAKWOOD ESTATES, LLC
APPLICANT
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CASE NO. FP-15-009
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 7, 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 BILTMORE ESTATES SUBDIVISION
NO. 2, LOCATED IN THE S ½ OF THE N ½ OF SECTION 25, T.3N., R.1W.,
B.M., MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE:
2/23/15, 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. 2 (FP-15-009)
Page 2 of 3
Mayor and City Council from the Planning and Development Services divisions
of the Community Development Department dated April 7, 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 Shari Stiles, Engineering
Solutions, 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.
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.
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By action of the City Council at its regular meeting held on the D day of
12015.
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
Dated:' (% - DD - Is: -
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BILTMORE ESTATES SUBDIVISION NO. 2 (FP -15-009)
Page 3 of 3
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EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 1
STAFF REPORT
MEETING DATE: April 7, 2015
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP-15-009 – Biltmore Estates Subdivision No. 2
I. APPLICATION SUMMARY
The applicant, Oakwood Estates, LLC, has applied for final plat (FP) approval of 29 building lots and
5 common lots on 10.62 acres of land in an R-4 (medium low-density residential) zoning district. This
is the second phase of development of Biltmore Estates Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Biltmore Estates 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-15-009 as presented in the staff report for the hearing date of
April 7, 2015, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP-15-009, as presented during the hearing on April 7, 2015, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP-15-009 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 ½ of Section 25, T. 3N., R. 1W.
B. Applicant:
Oakwood Estates, LLC
P.O. Box 518
Meridian, ID 83680
C. Owner:
Same as applicant
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 2
D. Representative:
Shari Stiles, 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 5 common lots on 10.62
acres of land in an R-4 zoning district. The gross density of the proposed subdivision is 2.73 dwelling
units (d.u.) per acre with a net density of 3.57 d.u. per acre. The minimum property size is
8,453square feet (s.f.) with an average size of 10,119 s.f. All of the lots proposed in this phase are for
single-family detached 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.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and
common area is the same. 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 the City Engineer’s signature
on a previous phase; or, apply for a time extension in accord with UDC 11-6B-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 2/23/15 by Clinton W.
Hansen shall be revised as follows:
a. Include the recorded instrument number on note #14.
5. The landscape plan prepared by South Landscape Architecture, P.C., dated 3/11/15, shall be
revised prior to signature on the final plat by the City Engineer as follows:
a. Revise calculations table to only include information applicable to Phase 2.
b. The fencing symbol shown on the plan for the fencing along the micropath on Lot 7, Block 9
is incorrect; revise to reflect the symbol for 4-foot tall solid screen fence as depicted in the
legend.
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 construction fencing
to contain debris shall be installed around this phase prior to release of building permits for this
subdivision.
7. 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.
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 3
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. The existing home on the site shall be removed prior to signature on the final plat by the City
Engineer.
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 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. 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.
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. 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.
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 4
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
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.
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 5
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: 2/23/15)
D. Proposed Landscape Plan (dated: 3/11/15) & Play Equipment
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 6
Exhibit A – Vicinity Map
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 7
Exhibit B – Approved Preliminary Plat (dated: 1/21/14)
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 8
Exhibit C – Proposed Final Plat (dated: 2/23/15)
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 9
Exhibit D –Proposed Landscape Plan (dated: 3/11/15) & Play Equipment
EXHIBIT A
Biltmore Estates Subdivision No. 2 FP-15-009 PAGE 10
EXHIBIT B
Sonya Watters
From:
Shari Stiles <es-sharis@qwestoffice.net>
Sent:
Wednesday, April 01, 2015 10:45 AM
To-
Sonya Watters; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill
Cc:
Bruce Freckleton
Subject: RE: Biltmore Estates Sub. 2 FP -15-00
Sonya et al:
We have reviewed the staff report for the Meridian City Council meeting of April 7, 2015, and are in agreement with the
conditions of approval.
Thank you! Have a great day!
From: Sonya Watters [mailto:swatters@meridiancity.org]
Sent: Tuesday, March 31, 2015 4:44 PM
To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill
Cc: Shari Stiles; Bruce Freckleton
Subject: Biltmore Estates Sub. 2 FP -15-00
Attached is the staff report for the proposed final plat for Biltmore Estates Sub. 2. This item is scheduled to
be on the Council agenda on April 7th. The meeting will be held at City Hall, 33 E. Broadway Avenue,
beginning at 6:00 pm. Please call or e-mail with any questions.
Shari - Please submit a written response to the staff report to the City Clerk's office
(iholman@meridiancity.ore, mhiit@meridiancity.ore, ijones@meridiancity.orQI and myself (e-mail or fax) by
3:00 pm the Thursday prior to the hearing.
If you are in agreement with the conditions of approval contained in the staff report and you submit a
written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda;
consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you
are in agreement with the staff report, it is still recommended you attend the meeting in the event the
item is pulled off of the consent agenda.
If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of
approval, your project will be placed on the regular agenda.
Thanks,
Sonya