Baraya Apartments Order H-2018-0065
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR (Baraya Apartments Subdivision – FILE #H-2018-0065)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JULY 17, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 13 LOTS AND 3
COMMON LOTS ON 12.59 ACRES
IN THE R-40 ZONING DISTRICT
FOR BARAYA APARTMENTS.
BY: SCHULTZ DEVELOPMENT,
LLC
APPLICANT
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CASE NO. H-2018-0065
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on July 17, 2018 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 BARAYA APARTMENTS
SUBDIVISION, LOCATED IN THE NW1/4 OF SECTION 14, TOWNSHIP 3N,
RANGE 1W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2018,
HANDWRITTEN DATE: 6/13/2018, by Gregory G. Carter, PLS, SHEET 1 OF
3,” is conditionally approved subject to those conditions of Staff as set forth in the
Meridian City Council Meeting Agenda August 7, 2018 – Page 292 of 572
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR (Baraya Apartments Subdivision – FILE #H-2018-0065)
Page 2 of 3
staff report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated July 17,
2018, a true and correct copy of which is attached hereto marked “Exhibit A” and
by this reference incorporated herein, and the response letter from Matt Schultz, 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.
Meridian City Council Meeting Agenda August 7, 2018 – Page 293 of 572
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 1 day of
Pc U QUSv- , 2018.
By:
Tammy de W r
P�Ep AUGUST Mayor, City eridian
Attest: �Qo�' �
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O 1,,
2 y"„f
C ay Coles
G�tv Clerk SEAL
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:n hil Dated:
02��0
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR (Baraya Apartments Subdivision — FILE #H-2018-0065)
Page 3 of 3
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 1
STAFF REPORT
MEETING DATE: July 17, 2018
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Baraya Apartments Subdivision – FP (H-2018-0065)
I. APPLICATION SUMMARY
The applicant, Schultz Development, LLC, has applied for final plat (FP) approval of 13 multi-family
building lots and 3 common lots on 12.59 acres of land in the R-40 zoning district for Baraya
Apartments Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Baraya Apartments 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-2018-0065 as presented in the staff report for the hearing date of
July 17, 2018, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2018-0065, as presented during the hearing on July 17, 2018, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0065 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 generally located near the southwest corner of W. Franklin Road and N. Ten Mile
Road, in the northeast ¼ of Section 15, Township 3 North, Range 1 West. (Parcel #:
S1215120850)
Meridian City Council Meeting Agenda August 7, 2018 – Page 295 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 2
B. Applicant/Representative(s):
Schultz Development
P.O. Box 1115
Meridian, ID 83680
C. Owner:
Lets Golf, LLC
16130 N. Elder St.
Nampa, ID 83687
D. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. STAFF ANALYSIS
The proposed final plat depicts 13 building lots and 3 common lots on 12.59 acres of land in the R-40
zoning district. The minimum property size in this phase is 15,080 square feet (s.f.) with an average
size of 33,039 s.f.
The street landscape buffers along Franklin and Umbria Hills shall be constructed with the
subdivision improvements. The remainder of the site landscaping and amenities will be reviewed and
approved with subsequent certificate of zoning compliance and design review applications(s).
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (H-2018-0003) as required by UDC 11-6B-3D.2. The number of building lots is the same as was
approved in the preliminary plat; the amount of qualified open space is the same (2.97 acres or
23.6%) of common area is provided.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2018-0003)
applications and development agreement (DA Inst. # 107123289) approved for this site.
2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the
City Engineer’s signature (9/26/18) on the previous phase final plat 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 Bailey Engineering, stamped on 6/13/18 by Gregory G. Carter, shall be
revised as follows:
a. Note #7: Include the recorded instrument number.
b. Note #8: Include the recorded instrument number.
c. Note #9: Include the recorded instrument number.
d. Note #10: Include the recorded instrument number.
e. Note #11: Include the recorded instrument number.
f. Note #12: Include the recorded instrument number.
g. Note #14: Include the recorded instrument number.
h. Note #15: Include the recorded instrument number.
i. Note #16: Include the recorded instrument number and include that the easement is for shared
parking for the entire development.
Meridian City Council Meeting Agenda August 7, 2018 – Page 296 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 3
j. Note #17: Include the recorded instrument number.
k. The landscape buffer along the east side of N. Umbria Hills Ave. shall be placed in a
common lot in accord with UDC 11-3B-7C(2)(a).
5. The landscape plan prepared by Breckon Land Design, dated 5/5/18, is approved as shown.
6. All fencing installed on the site must be consistent with the standards listed in UDC 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.
7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
9. The applicant will be held to a maximum of 200 units until such time as a secondary access is
constructed.
10. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application. NOTE: A CZC application may include one or more multi-family units on a
lot/parcel.
11. 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.
12. The water mainline in N. Umbria Hills is required to be continued as a 12-inch diameter.
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. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
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.
Meridian City Council Meeting Agenda August 7, 2018 – Page 297 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 4
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. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
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 11-1-4B.
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.
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.
Meridian City Council Meeting Agenda August 7, 2018 – Page 298 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 5
18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. 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 signature of the final plat by the City Engineer.
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 Water Department at
(208)888-5242 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.
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 the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). 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.
VIII. EXHIBITS
A. Vicinity Map
B. Preliminary Plat (dated: 1/4/2018)
C. Proposed Final Plat (dated: 6/13/2018)
D. Proposed Landscape Plan (dated: 5/5/2018)
Meridian City Council Meeting Agenda August 7, 2018 – Page 299 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 6
Meridian City Council Meeting Agenda August 7, 2018 – Page 300 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 7
Exhibit A – Vicinity Map
Meridian City Council Meeting Agenda August 7, 2018 – Page 301 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 8
Exhibit B – Preliminary Plat (dated: 1/4/2018)
Meridian City Council Meeting Agenda August 7, 2018 – Page 302 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 9
Exhibit C – Proposed Final Plat (dated: 6/13/18)
Meridian City Council Meeting Agenda August 7, 2018 – Page 303 of 572
Exhibit A
Baraya Apartments Subdivision – FP H-2018-0065 10
Exhibit D – Proposed Landscape Plan (dated: 5/5/18)
Meridian City Council Meeting Agenda August 7, 2018 – Page 304 of 572