Kentucky Villas FP-15-027BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 8 BUILDING
LOTS,1 COMMON LOT AND 1
OTHER LOT ON 3.87 ACRES OF
LAND IN THE R-4 ZONING
DISTRICT FOR KENTUCKY
VILLAS SUBDIVISION
BY: C4 INVESTMENTS, LLC
APPLICANT
HEARING DATE: SEPTEMBER 1, 2015
CASE NO. FP -15-027
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 1, 2015 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 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:
1. The Final Plat of "PLAT SHOWING KENTUCKY VILLAS SUBDIVISION, A
RE -PLAT OF LOT 1, BLOK 1 OF KENTUCKY RIDGE ESTATES
SUBDIVISION, LOCATED IN THE NE %a OF THE NW '/a OF SECTION 25,
T.3N., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2015,
HANDWRITTEN DATE: 8/3/15, CARL PORTER, PLS, SHEET 1 OF 3," is
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KENTUCKY VILLAS (FP -15-027)
Page 1 of 3
conditionally approved subject to those conditions of Staff as set forth in the staff
report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated September
1, 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 Jim
Conger, 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 S 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be tiled 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 KENTUCKY VILLAS (FP -15-027)
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.
�1
By action of the City Council at its regular meeting held on the day of
w , 2015.
By:
Tammy d
e�l���� }u LST Mayor, t f Meridian
Attest: �s
City of
E iDIAN&--
`" 1 GANG
Jaycee Holman SEAI�
City Clerk F'Ile
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: Dated: 1� " � (.Q ks—
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KENTUCKY VILLAS (FP -15-027)
Page 3 of 3
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 1
STAFF REPORT
MEETING DATE: September 1, 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-15-027 – Kentucky Villas Subdivision
I. APPLICATION SUMMARY
The applicant, C4 Investments, LLC, has applied for final plat (FP) approval of 8 single-family
residential building lots, 1 common lot and 1 other lot on 3.87 acres of land in an R-4 (Low-density
residential) zoning district.
II. STAFF RECOMMENDATION
Staff recommends approval of the Kentucky Villas Subdivision final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number FP-15-027 as presented in the staff report for the hearing date of
September 1, 2015, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP-15-027, as presented during the hearing on September 1, 2015, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP-15-027 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 at 835 W. Victory Road, in the northwest ¼ of Section 25, T. 3N.,
R. 1W.
B. Applicant:
C4 Investments, LLC
4824 W. Fairview Avenue
Boise, Idaho 83706
C. Owners:
C4 Investments, LLC
4824 W. Fairview Avenue
Boise, Idaho 83706
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 2
Alexandria McNish
835 W. Victory Road
Meridian, ID 83642
D. Representative:
Jim Conger, Conger Management Group
4824 W. Fairview Avenue
Boise, Idaho 83706
V. STAFF ANALYSIS
The proposed final plat depicts 7 new building lots, 1 building lot for the existing home, 1 common
area lot and 1 other lot for the private street. The gross density of the proposed subdivision is 2.07
dwelling units (d.u.) per acre with a net density of 3.31 d.u. per acre. The minimum property size is
9,600 square feet with an average property size of 13,065 square feet (s.f.). All of the lots proposed in
this subdivision are for single-family detached homes and appear to comply with the dimensional
standards of the R-4 zoning district listed in UDC Table 11-2A-5; although two of the lots do not
depict a front property line dimension.
There is an existing home at the northeast corner of this site on Lot 8, Block 1 that is proposed to
remain; the associated barn located on another lot is proposed to be removed.
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 is the
same as shown on the preliminary plat and the common area is the same; therefore, staff finds 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) and preliminary plat (PP-
15-009).
2. The applicant shall obtain the City Engineer’s signature on the final plat by August 11, 2017; 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 Sawtooth Land Surveying, LLC, dated August 3, 2015 by Carl Porter
shall be revised as follows:
a. Note #9: Include the recorded instrument number for the CC&R’s.
b. Include the frontage dimensions on Lots 3 and 10, Block 1.
c. Include the recorded instrument number for the City of Meridian Water Easement noted on
Lot 8, Block 1.
d. Depict an access easement to the Fisch property to the south (Parcel #R4882810030) via the
private street; or, record a separate access easement and submit a copy to the City prior to
signature by the City Engineer on the final plat.
5. The landscape plan prepared by Jensen Belts Associates, dated May 8, 2015, shall be revised
prior to signature on the final plat by the City Engineer as follows:
a. Depict a minimum 5-foot wide pedestrian pathway from the terminus of S. Ruffian Lane
north to the sidewalk along W. Victory Road in Lot 1, Block 1.
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 3
b. A 10-foot wide compacted gravel shoulder meeting the construction standards of the
transportation authority is required along W. Victory Road in accord with UDC 11-3B-7C.5;
dirt is not allowed – remove from the plan.
c. Depict the location of the gated entry to the subdivision. The gate shall be located a minimum
of 50 feet back from the ultimate edge of right-of-way to the connecting public street.
d. Depict a 6-foot tall solid vinyl fence adjacent to the Fisch property along the southern
boundary of the site on the property line that is adjacent to the private street. This fence shall
be maintained by the Kentucky Villas HOA. The existing fence shall be removed by the
homeowner (Mr. Fisch).
e. Depict a stop sign at the intersection of the private street (S. Ruffian Lane) and S. Kentucky
Way as required by City Council.
6. The existing barn shall be removed from the site prior to signature on the final plat by the City
Engineer.
7. All fencing installed on the site must comply with the fencing plan depicted on the landscape
plan, the conditions in this report, and with the standards listed in 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.
8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
9. Prior to the issuance of any new building permit, the property shall be subdivided in accorda nce
with the UDC.
10. A street light plan will need to be included with the Land Development Plan Submittal. Street
light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.
A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
The plan will need to include Type 2 lighting along Kentucky Way, as well as Type 1 lights at the
intersection of Victory Road and Kentucky Way and Victory Road and Stoddard Road. Due to
overhead utility conflicts, the light at the intersection of Victory and Stoddard will need to be
mounted on the Idaho Power Pole on the northwest corner of the intersection.
11. Development of homes within this subdivision shall be consistent with the building elevation
design and materials approved with the preliminary plat.
12. The rear or sides of future structures on lots that face W. Victory Road and S. Kentucky Way on
Lots 2-6, Block 1 shall incorporate articulation through changes in materials, color, modulation,
and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof
lines.
13. The applicant shall provide access to the gate at the entry to the subdivision for emergency
vehicles as determined and approved by the Meridian Fire Department and Public Works
Department.
14. Applicant shall be required to construct sanitary sewer and water mains to and through the
development. Applicant shall be required to extend an 8-inch diameter water main to the east
boundary of the development for future looping.
15. The applicant has requested a waiver to MCC 9-1-28 Pressurized Irrigation System; and states
that although the property has water rights via the Sundall Lateral, delivery is not possible due to
location and access. Per MCC 9-1-28, the requirement may be waived upon proof that any
particular lot, parcel or piece of land does not have water rights in an existing irrigation district.
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 4
The applicant shall be required to submit such proof to the City Engineer with a request for a
waiver. Unless the City Engineer grants a waiver, an underground PI system shall be provided.
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.
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.
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 5
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.
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.
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 6
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.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
V. EXHIIBITS
A. Vicinity/Zoning Map
B. Approved Preliminary Plat (dated: 1/10/13)
C. Proposed Final Plat (dated: 8/3/15)
D. Proposed Landscape Plan (dated: 5/8/15)
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 7
Exhibit A – Vicinity/Zoning Map
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 8
Exhibit B – Approved Preliminary Plat (dated: 4/30/15)
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 9
Exhibit C – Proposed Final Plat (dated: 8/3/15)
EXHIBIT A
Kentucky Villas Sub FP-15-027.doc PAGE 10
Exhibit D –Proposed Landscape Plan (dated: 5/8/15)
EX14101T B
Sonya Watters
From: Jim Conger <jconger@congergroup.com>
Sent: Thursday, August 27, 2015 2:29 PM
To: Bruce Freckleton
Cc: Marcel Lopez, Sonya Watters
Subject: Re: Kentucky Villas FP -15-027 Staff Report for 9/1 CC Mtg
Bruce
Thank you. We are good with that but just have the chicken and the egg syndrome as that is the portion of the plat that I
do not own.
We are fine with the conditions.
Jim D. Conger
Office 208-336-5355
Cell 208-713-2527
On Aug 27, 2015, at 1:16 PM, Bruce Freckleton <bfreckleton@meridiancity.or?> wrote:
Good afternoon Marcel,
The water easement will need to be created via separate easement document, recorded and then
referenced on the final plat. The short reason for this requirement is that when the easement is
dedicated in this manner, the then has the opportunity to make sure that conditions for the easement
are memorialized and recorded. Conditions such as what is and isn't allowed within the easement area,
and the responsibilities for replacement of surface treatments in the event of needed excavations. The
standard forms of easement are provided on our web site for your use.
If this meets with your acceptance, can you please provide a response accepting the conditions as
written. If you would like for the item to be removed from the consent agenda and have some
discussion with the Council on this issue, please respond accordingly. One way or the other we will need
your response by before 3:00 pm today to stay on the consent agenda.
Thank You,
Bruce
<image001.jpg>
Bruce Freckleton
Development Services Manager
Community Development Department
AThink Green
Please do not print this email unless necessary
From: Marcel Lopez fmailto:marcelCalconcceroroup.com]
Sent: Thursday, August 27, 2015 10:24 AM
To: Sonya Watters; Bruce Freckleton
Cc: Jim Conger
Subject: RE: Kentucky Villas FP -15-027 Staff Report for 9/1 CC Mtg
Sonya,
Great, if we can get the easement in item 4. c. to record with the plat as requested then we are in
agreement with the conditions in the staff report. Please accept this correspondence as our acceptance
and would appreciate if our project is on the consent agenda for consideration by the Council.
We really appreciate all of your assistance and guidance through the approval process with this
development.
Thank you,
Marcel Lopez
Conger Management Group
208.336.5355 — office
208.336.2282 —fax
From: Sonya Watters [mailto:swattersCameridiahcity.org]
Sent: Thursday, August 27, 2015 9:52 AM
To: Marcel Lopez; Bruce Freckleton
Cc: Jim Conger
Subject: RE: Kentucky Villas FP -15-027 Staff Report for 9/1 CC Mtg
I don't see why that would be a problem unless Bruce disagrees.
Thx,
Associate Planner, Planning Division
City of Meridian - Community Development Department
33 E. Broadway Avenue, Suite 102
Meridian, ID 83642
208-884-5533 ext. 0578
www.meridia ncity.orR
From: Marcel Lopez(mailto:marcelCcbcongergroup.com]
Sent: Wednesday, August 26, 2015 4:11 PM
To: Sonya Watters
Cc: Jim Conger
Subject: RE: Kentucky Villas FP -15-027 Staff Report for 9/1 CC Mtg
Sonya,
Under the Site Specific Conditions, item 4. c., we would like to record the easement with the plat, so can
we just depict the easement on the plat? Kind of like what you have for the access easement to the
Fisch property. It would make things much easier for the other owner.
Thank you,
Marcel Lopez
Conger Management Group
208.336.5355 — office
208.336.2282 —fax