Shallow Creek Subdivision H-2016-0048BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF FIFTEEN (15)
MULTI -FAMILY BUILDABLE
LOTS AND FOUR (4) COMMON
LOTS ON 5.856 ACRES IN THE R-
15 ZONING DISTRICT FOR
SHALLOW CREEK SUBDIVISION
BY: A TEAM LAND
CONSULTANTS,
APPLICANT
HEARING DATE: MAY 17, 2016
CASE NO. H-2016-0048
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on May 17, 2016 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 SHALLOW CREEK SUBDIVISION,
LOCATED IN NW 1/4 OF SECTION 17, TOWNSHIP 3N, RANGE 1E, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN
DATE: MARCH 29, 2016, GREGORY G. CARTER, PLS, SHEET 1 OF 3," is
conditionally approved subject to those conditions of Staff as set forth in the staff
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHALLOW CREEK (H-2016-0048)
Page 1 of 3
report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated May 17,
2016, 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 (H-2016-0048)
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.
�h
By action of the City Council at its regular meeting held on the _ _ day of
1,k n2. , 2016.
r
By:
Tammy de rd
%TEDAUCL Mayor, rt f Meridian
Attest:
G 1
PW
City0f,
IIDIAN�
IDAHO
Jacy Jones - SE
City Clerk `'Fy
afrb0 TRE�5UR0
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:
Dated: (.01-8)1('
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHALLOW CREEK (H-2016-0048)
Page 3 of 3
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 1
STAFF REPORT
HEARING DATE: May 17, 2016
TO: Mayor and City Council
FROM: C.Jay Coles, Assistant City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2016-0048 – Shallow Creek Final Plat and Minor Conditional Use Permit
Modification
I. APPLICATION SUMMARY
The applicant, A Team Land Consultants, has applied for final plat approval consisting of fifteen (15)
multi-family building lots and four (4) common/other lots on 5.856 acres of land in the R-15 zoning
district. A minor conditional use permit modification has also been requested to reduce the overall
density and number of multi-family building lots approved with CUP-14-005 from sixteen (16) to
fifteen (15) with a total of 60 multi-family units.
Note: Because the request is a density reduction and the number of multi-family building lots is being
reduced and no new lots are being created, the conditional use permit can receive a minor
modification at the administrative level. However, because the CUP modification is requested
concurrently with the final plat application, Staff has included the request in this staff report; the
CUP modification does not require Council action.
II. 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 H-2016-0048 as presented in the staff report for the hearing date of
May 17, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0048, as presented during the hearing on May 17, 2016, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0048 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 ¼ of Section 17, Township 3N., Range 1E. (Parcel No. S1117223430)
B. Owner:
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 2
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
V. STAFF ANALYSIS
The proposed final plat depicts fifteen (15) multi-family building lots and four (4) common/other lots
on 5.856 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 recorded development agreement allows the site to develop
with a maximum of 64 multi-family units. The approved conditional use permit (CUP-14-005)
received an administrative approval for a minor modification with this application to reduce the
density and number of multi-family building lots from sixteen (16) to fifteen (15) for a total of 60
multi-family units.
The recorded development agreement also requires the site to develop with 3.82 acres of open space.
Per UDC 11-3B-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 Administrator, 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 11-6B-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 Idaho Survey Group, stamped on March 29, 2016 by Gregory C. Carter
shall be revised as follows:
a. The year of platting shall be 2016, not 2006.
b. Starting and ending points for curves C1, C3, C4, C5, C7, and C9 shall be graphically
depicted on the final plat.
c. Note #5 shall include: except for approved access for Lot 4, Block 1.
d. Lot width for Lot 1, Block 1 along S. Locust Grove Road shall be at least 25 feet (landscape
buffer).
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 3
e. 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 #3.
f. Lot 15, Block 1 shall be a common lot and included with plat note #3.
g. 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 multi-use pathway and recorded instrument number
with plat note #3.
5. The landscape plan prepared by Power Enterprises, dated April 24, 2016, 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.
b. Landscape plan shall meet the specific use standards of UDC 11-4-3-27.
c. Per the recorded development agreement, the site must develop with a minimum of 3.82
acres of open space. The applicant shall propose and provide details of the landscaping
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. 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 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
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 4
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, and 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 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.
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 1-4B.
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.
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 5
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.
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 9-1-28C1). 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.
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 6
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.
VIII. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (PP-14-008)
C. Proposed Final Plat (dated: 3/29/16)
D. Proposed Landscape Plan (dated: 4/24/2016)
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 7
Exhibit A – Vicinity Map
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 8
Exhibit B – Approved Preliminary Plat (PP-14-008)
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 9
Exhibit C – Proposed Final Plat (dated: 3/29/16)
EXHIBIT A
Shallow Creek H-2016-0048 PAGE 10
Exhibit D. – Proposed Landscape Plan (dated: 4/24/2016)
The 25-foot wide landscape buffers adjacent
to Locust Grove and Franklin Roads must be
installed with the subdivision in accord with
UDC 11-3B-14B.3.
E0 bi'1 �
Machelle Hill
From: C.Jay Coles
Sent: Thursday, May 12, 2016 3:49 PM
To: JacyJones; Machelle Hill
Subject: Shallow Creek Final Plat
Attachments: Shallow Creek FP H-2016-0048.pdf
The applicant is in agreement with the conditions. Item can be placed on consent agenda.
C.Jay
From: Steve Arnold [mailto:steve@ateamboise.com]
Sent: Thursday, May 12, 2016 3:44 PM
To: C.3ay Coles
Subject: RE: Shallow Creek Apartment - Water Loop Connection
C.Jay,
We will agree to the conditions, sorry for the late reply I had some problems with getting a hold of the Client.
Thanks,
0 n r►I
Landpayelopman! dfinl Eatala
senek B
Steve Arnold, Project Manager
(208) 871-7020
1785 S Whisper Cove, Boise, Idaho 83709
steve@ateam boise.com
- i 4. Y� BIUe I I LJ LYr,
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