Swindell FP H-2016-0109
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SWINDELL SUBDIVISION - FP (H-2016-0109)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 27, 2016
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF SEVEN (7)
BUILDING LOTS, ONE (1)
COMMON AREA LOT AND ONE
(1) OTHER LOT ON 20.03 ACRES
OF LAND IN THE C-C AND C-G
ZONING DISTRICTS FOR
SWINDELL SUBDIVISION.
BY: VOLANTE INVESTMENTS,
LLLP
APPLICANT
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CASE NO. H-2016-0109
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 27, 2016 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 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 SWINDELL SUBDIVISION, SITUATED
IN THE SE ¼ OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2016,
STAMPED BY STEVEN C. WELLINGTON, PLS, SHEET 1 OF 4,” is
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SWINDELL SUBDIVISION - FP (H-2016-0109)
Page 2 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
27, 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 Bradley
Miller, Van Auker Companies, 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.
By action of the City Council at its regular meeting held on the I I day of
6P/✓ '2016.
'?0 A, AIJ.,
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G �
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CS�;1Y �r o By:
E ID Tammy de eer
Z jA0 Mayor,rty of eridian
Attest: SEAL 40
P
tna TREASV���v
C.J6y Coles
City Clerk
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SWINDELL SUBDIVISION - FP (H-2016-0109)
Page 3 of 3
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 1
STAFF REPORT
MEETING DATE: September 27, 2016
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Swindell Subdivision– FP (H-2016-0109)
I. APPLICATION SUMMARY
The applicant, Volante Investments, LLLP, requests approval of a final plat (FP) consisting of 7
building lots, 1 common area lot and 1 other lot on 20.03 acres of land in the C-C and C-G zoning
districts for the Swindell Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Swindell Subdivision final plat subject to the conditions noted in
Sections VI and VII 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-2016-0109 as presented in the staff report for the hearing date of
September 27, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0109, as presented during the hearing on September 27, 2016,
for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0109 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 the northwest corner of E. Overland Road and S. Locust Grove
Road, in the SE ¼ of Section 18, T. 3N., R. 1E.
B. Applicant:
Volante Investments, LLLP
3084 E. Lanark St.
Meridian, Idaho 83642
C. Owner:
Ronald W. Van Auker
3084 E. Lanark St.
Meridian, Idaho 83642
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 2
D. Representative:
Cara Duskey/Matt Munger, WHPacific, Inc.
2141 W. Airport Way, Ste. 104
Boise, Idaho 83705
V. STAFF ANALYSIS
The proposed final plat depicts 7 building lots, 1 common area lot and 1 other lot on 20.03 acres of
land in the C-C and C-G zoning districts.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-15-013). Because the number of proposed buildable lots and common area is the same as that
shown on the approved preliminary plat, staff deems the final plat to be in substantial compliance
with the preliminary plat as required by UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall comply with all previous conditions of approval associated with this development
(RZ-15-011, AZ-15-010, Development Agreement #2016-045074; PP-15-013; A-2016-0072).
2. The applicant has until April 10, 2018 (within 2 years of Council approval of the Findings) to
obtain the 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 included in Exhibit C, prepared by Wellington Land Surveying, stamped by Steven
C. Wellington, shall be revised as follows:
a. Include the date the plat was stamped by the PLS.
5. The landscape plan included in Exhibit D prepared by South Landscape Architecture, dated
7/1/15, is approved as submitted.
6. The subject property is allowed two (2) building permits prior to subdivision of the property.
Prior to submittal of the third building permit, the subject property shall be subdivided.
7. The existing home and associated outbuildings shall be removed from the site prior to signature
by the City Engineer on the final plat or issuance of the first building permit, whichever occurs
first.
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. Applicant shall be required to install an 8-inch diameter water main to the west boundary line of
the development in alignment with the 54-foot access easement for Lot 2, block 1 of Pack It Up
Subdivision. Said water main shall be in a 20-foot wide easement per General Requirements
Condition #19 below.
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
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 3
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. 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. 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 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. 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.
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 4
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, 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 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
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 5
B. Approved Preliminary Plat (dated: 1/13/16)
C. Proposed Final Plat
D. Proposed Landscape Plan (dated: 7/1/15)
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 6
Exhibit A – Vicinity Map
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 7
Exhibit B – Approved Preliminary Plat (dated: 1/13/16)
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 8
Exhibit C – Proposed Final Plat
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 9
EXHIBIT A
Swindell Subdivision – FP H-2016-0109 10
Exhibit D – Proposed Landscape Plan (dated: 7/1/15)
EXHIBIT B
rVANAUKERinl(C O M P A N I E S
3084 East Lanark Street
Meridian, Idaho 83642
(208) 887-7994 tel.
(208) 887-7998 fax
September 21, 2016
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
Re: Swindell Subdivision — Staff Report — FP (H-2016-0109)
Dear Madam Mayor and Members of the City Council:
On behalf of the applicant, Volante Investments LLLP, we have reviewed the above referenced
Staff Report and have no objections. The terms and conditions are hereby accepted.
Thank you for your consideration.
Sincer y,
Bradley E. filler