Sovi Subdivision FP-15-031BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 36 BUILDABLE )
LOTS AND 7 COMMON LOTS AND )
2 OTHER LOTS ON 4.86 ACRES OF )
LAND IN AN R-15 ZONING )
DISTRICT FOR SOVI )
SUBDIVISION )
BY: C15, LLC )
APPLICANT )
HEARING DATE: SEPTEMBER 22, 2015
CASE NO. FP -15-031
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 22, 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 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:
The Final Plat of "PLAT SHOWING SOVI SUBDIVISION, LOCATED IN THE
NE 1/a OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2015,
HANDWRITTEN DATE: JULY 29, 2015, CARL PORTER, PLS, SHEET 1 OF
3," is conditionally approved subject to those conditions of Staff as set forth in the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOVI SUBDIVISION (FP -15-031)
Page 1 of 3
staff report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated September
22, 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 Marcel
Lopez, 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 SOVI SUBDIVISION (FP -15-031)
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
DCO WL _ 2015.
Attest:
Jaycee U61
City Clerk
By
Tammy de Weefd�
�T D A U
�o��sr,r Mayor, City of Meridian
ti� oma,
City of M
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Copy served upon the Applicant, Community Development Department, Public Works
Department, and City Attorney.
By: Dated: 10
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOVI SUBDIVISION (FP -15-031)
Page 3 of 3
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 1
STAFF REPORT
Hearing Date: September 22, 2015
TO: Mayor and City Council
FROM: Josh Beach, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP-15-031 – Sovi Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant has applied for final plat (FP) approval for thirty one (36) single-family residential
building lots; seven (7) common lots and two (2) other lots on approximately 4.86 acres of land in the
R-15 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of final plat (FP) application 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
After considering all staff, applicant and public testimony, I move to approve File Number FP-15-
031, as presented in the staff report for the hearing date of September 22, 2015, with the following
modifications:
Denial
After considering all staff, applicant and public testimony, I move to deny File Number FP-15-031, as
presented during the hearing on September 22, 2015, for the following reasons:
Continuance
I move to continue File Number FP-15-031 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 3515 S. Eagle Road, in the NE ¼ of Section 29, Township 3 North, Range 1
East. (Parcel No.: S1129110400)
B. Applicant/Owner:
C15, LLC
4824 W. Fairview Ave.
Meridian, ID 83642
C. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 2
V. STAFF ANALYSIS
The proposed final plat consists of thirty-six (36) building lots; seven (7) common lots and two (2)
other lots in the R-15 zoning district. The gross density of the proposed subdivision is 7.41 dwelling
units per acre (d.u./acre). The minimum property size is 3,200 square feet (s.f.) with an average size
of 3,908 square feet (s.f.).
All of the lots proposed are for single-family attached and detached homes and all lots comply with
the dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7.
The applicant proposes 10% common open space for the subdivision with the following amenities
including a covered picnic area and pathway connections to the adjacent elementary school and a
connection from S. Milan Ave. to E. Rome Dr., both along common driveways.
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. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
2. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
3. The final plat prepared by Sawtooth Land Surveying, stamped on 07/29/15 by Carl Porter, shall
be revised as follows:
a. Modify note #12 on the plat that details that Lots 7, 8, 9, 11, 12, and 13 Block 1, will take
access from Lot 10, Block 1, that Lots 18, 19, 21, 22, 23, Block 1 shall take access from Lot
20, Block 1 and that Lots 27, 28, 32, 33, 34, and 35, Block 1 shall take access from Lot 30,
Block An exhibit depicting the setbacks, building envelope and orientation of these lots and
structures shall be submitted prior to signature of the City Engineer on the final plat.
b. Graphically depict which lots in Block 1 will have zero side lot lines, and then delineate a
minimum 3-foot wide Permanent Public Utilities, Drainage, and Irrigation easement on all
others. Revise plat note #5 accordingly.
c. Include a note on the final plat that identifies Lots 29 and 31 Block 1 as non-buildable lots,
for the benefit of Lot 28 and 29, Block 1 to use in perpetuity. The note shall prohibit the
construction of fencing on the west boundaries of Lots 28 and 32, Block 1.
d. Add a note the references the recorded development agreement for the subdivision.
Provide two (2) full size copies of the plat with the aforementioned changes prior to obtaining
City Engineer’s signature on the final plat.
4. The applicant shall obtain Certificate of Zoning Compliance and Design Review approval for all
attached homes in the proposed subdivision.
5. The landscape plan in Exhibit D, dated 08/25/15, is approved with the following changes:
a. The fencing proposed along the west boundary of Lots 21-25, the east boundary of Lot 27
and the south boundary of lots 27 and 28, Block 1 shall be a 4-foot tall solid fence or a 6-
foot tall open vision fence in accordance with UDC 11-3A-7.
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 3
b. The applicant shall provide a pathway to the school site across Lot 30, Block 1 as
proposed. The applicant shall coordinate with the West Ada School District on the design
and the location of pathway connection to the school property.
c. The access road located on Lot 26, Block 1 shall be constructed using crushed asphalt.
d. The applicant shall provide a 5-foot wide pathway connection across Lot 10, Block 1
from S. Milan Avenue to E. Rome Drive.
e. The applicant shall construct a covered picnic area on Lot 26, Block 1 as proposed. The
pathway proposed for the common lot must comply with UDC 11-3A-8.
f. The drainage facility proposed on Lot 26, Block 1 shall comply with the standards listed
in UDC 11-3B-11C. If sand is proposed for the bottom of the drainage facility, this area
shall be removed from the open space calculations.
g. If the unimproved street right-of-way along S. Eagle Road is 10 feet or greater from the
edge of pavement to edge of sidewalk or property line, and street widening project is not
in the transportation authority’s five year funded plan, unimproved area shall consist of a
10-foot wide compacted gravel shoulder meeting the construction standards of the
transportation authority and landscape the remainder with lawn or other vegetative
ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a license
agreement with ACHD on the ROW landscape improvements.
Provide two (2) full size copies of the landscape plan with the aforementioned changes prior to
obtaining City Engineer’s signature on the final plat.
6. Prior to the issuance of a building permit, the applicant shall record a final plat.
7. Applicant shall be required to connect to the existing 8-inch sewer main line is located within E.
Rome Drive in Messina Village Subdivision No. 1.
8. Applicant shall be required to connect to the existing water main located in S. Milan Ave., and
the main located within E. Rome Drive, thereby looping the water system into all available
locations.
9. Prior to signature of the final plat by the City Engineer, 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, Sue Prescott, at 887-1620 for more information.
10. The applicant shall submit a final approval letter from the Street Naming Committee approving
the street names for the proposed subdivision.
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 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
3. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ-15-007; PP-15-010 & recorded development agreement).
4. 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.
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 4
5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
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.
7. Future homes constructed within this development shall be generally consistent with the
conceptual building elevations included in the recorded development agreement.
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 final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
4. The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer (by September 1, 2017) on the previous final plat as
set forth in UDC 11-6B-7B (if applicable).
5. 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; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
6. 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 11-3B-14A.
IX. GENERAL REQUIREMENTS
1. Applicant shall be required to connect to the existing 8-inch sewer main line is located within E.
Rome Drive in Messina Village Subdivision No. 1.
2. Applicant shall be required to connect to the existing water main located in S. Milan Ave., and
the main located within E. Rome Drive, thereby looping the water system into all available
locations.
3. A street light plan will need to be included in the final plat application. 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
4. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. 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.
5. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 5
6. 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.
7. 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
prior to receiving development plan approval. The applicant shall provide a waiver from the
applicable irrigation district that the property does not have water rights and/or water delivery to
the subject property prior to signature on the final plat.
8. All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
9. 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.
10. 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.
11. 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.
12. 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
13. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
14. 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.
15. All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 6
16. 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.
17. 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.
18. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
19. Developer shall coordinate mailbox locations with the Meridian Post Office.
20. All grading of the site shall be performed in conformance with MCC 11-12-3H.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor’s work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
26. The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse 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 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
Sovi Subdivision FP-15-031 PAGE 7
X. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 06/15/15)
C. Proposed Final Plat (7/29/2015)
D. Proposed Landscape Plan (dated: 08/25/15)
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 8
A. Vicinity Map
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 9
B. Approved Preliminary Plat (dated: 06/15/15)
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 10
C. Proposed Final Plat (dated: 7/29/2015)
EXHIBIT A
Sovi Subdivision FP-15-031 PAGE 11
D. Proposed Landscape Plan (dated: 08/25/2015)
Joshua Beach
From: Marcel Lopez <marcel@congergroup.com>
Sent: Thursday, September 17, 2015 2:21 PM
To: Joshua Beach; Jim Conger, Andrea Pogue; Bill Nary; Emily Kane; Michelle Albertson; Ted
Baird; Jacy Jones; Jaycee Holman; Machelle Hill
Subject: RE: Sovi Subdivision Final Plat Staff Report
Josh,
Thank you, we are in agreement with the conditions of approval contained in the staff report dated September 22, 2015
for the Sovi Subdivision Final Plat.
Marcel Lopez
Conger Management Group
208.336.5355 — office
208.336.2282 —fax
From: Joshua Beach(mailto:jbeach@meridiancity.org]
Sent: Wednesday, September 16, 2015 4:00 PM
To: Jim Conger; Marcel Lopez; Andrea Pogue; Bill Nary; Emily Kane; Michelle Albertson; Ted Baird; Jacy Jones; Jaycee
Holman; Machelle Hill
Subject: Sovi Subdivision Final Plat Staff Report
Attached is the staff report for the proposed Sovi Sub. final plat application (FP -15-031). This item is
scheduled to be on the City Council agenda on September 22"d, 2015. The public hearing will be held at City
Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Jim - Please submit a written response to the staff report to the City Clerk's office
(iholman@meridiancity.org, mhitL@meridiancity.or , iiones@meridiancity.or¢) and myself (e-mail or fax) by
3:00 pm the Thursday prior to the meeting.
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..
Joshua Beach
Associate Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
Phone: (208)489-0576
Fax: (208)888-6854
ibeach@,meridiancity.org