Little Creek H-2018-0136 FP
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LITTLE CREEK SUBDIVISION NO. 1 – MFP H-2018-0136
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JANUARY 22, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
MODIFICATION TO RELOCATE
THE COMMON LOT THAT
HOUSES THE CLUBHOUSE AND
POOL NEAR THE LOCUST
GROVE ENTRANCE AND TO
INCLUDE MORE BUILDABLE
LOTS IN THE FIRST PHASE FOR
LITTLE CREEK SUBDIVISION NO.
1.
BY: LITTLE CREEK PARTNERS,
LLC.
APPLICANT
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CASE NO. H-2018-0136
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on January 22, 2019 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 LITTLE CREEK SUBDIVISION NO. 1,
LOCATED IN A PORTION OF LOTS 19 AND 20 OF PLEASANT VALLEY
Meridian City Council Meeting Agenda February 5, 2019 – Page 207 of 736
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LITTLE CREEK SUBDIVISION NO. 1 – MFP H-2018-0136
Page 2 of 3
SUBDIVISION, SITUATED IN THE NW 1/4 OF SECTION 8, TOWNSHIP
3N., RANGE 1E., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018,
HANDWRITTEN DATE: 7/10/18, by MICHAEL S. BYRNS, PLS, SHEET 1 OF
7,” is 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 January 22,
2019, a true and correct copy of which is attached hereto marked “Exhibit A” and
by this reference incorporated herein, and the response letter from Wendy Shrief,
J-U-B Engineers, Inc., 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
Meridian City Council Meeting Agenda February 5, 2019 – Page 208 of 736
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
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By:
Tammy de erd
Mayor, Ci of Meridian
Attest: 1_"_
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City Clerk �`� SEAL
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 LITTLE CREEK SUBDIVISION NO. 1 — MFP H-2018-0136
Page 3 of 3
day of
EXHIBIT A
Page 1
HEARING
DATE:
1/22/2019
TO: Mayor & City Council
FROM: Stephanie Leonard, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0136
Little Creek No. 1
LOCATION: East side of N. Locust Grove Rd. on the
south side of E. Wilson Lane in the NW
¼ of Section 8, Township 3N, Range 1E.
(Parcel Nos. R7104253810 and
R7104253850).
I. PROJECT DESCRIPTION
Final plat modification to include more buildable lots in the first phase and relocate the common lot
that houses the clubhouse and pool near the Locust Grove entrance consistent with the approved CUP
modification.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda February 5, 2019 – Page 210 of 736
EXHIBIT A
Page 2
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 8.19
Future Land Use Designation High Density Residential (HDR) (15-40 units/acre)
Existing Land Use Undeveloped
Proposed Land Use(s) Multi-family residential
Current Zoning R-40
Lots (# and type; bldg/common) Originally proposed plat for this phase: 29 total lots; 24
bldg/4 common
Currently proposed plat for this phase: 34 total lots; 29
bldg/5 common
Phasing plan (# of phases) Two phases
Number of Residential Units (type
of units)
24 Fourplexes
Density (gross & net) 11.72 gross/6.38 net
Open Space (acres, total [%] /
buffer / qualified)
Overall amenities and open space is consistent with DA
and is allowed to relocate in accord with UCD 11-6B-3C-
2a(3)
Amenities
Physical Features (waterways,
hazards, flood plain, hillside)
Settlers Canal crosses the southern part of Little Creek
Nos. 1 and 2
History (previous approvals) H-2016-0076 (DA Inst. No. 2016-109494); H-2017-0067;
A-2017-0157; A-2018-0013
Meridian City Council Meeting Agenda February 5, 2019 – Page 211 of 736
EXHIBIT A
Page 3
B. Project Area Maps
III. APPLICANT INFORMATION
A. Owner/Applicant:
Erik Pilegard, Little Creek Partners
2452 Bayview Avenue
Carmel, CA 93923
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda February 5, 2019 – Page 212 of 736
EXHIBIT A
Page 4
B. Representative:
Wendy Shrief, JUB Engineers, Inc.
250 S. Beechwood Ave., Suite 201
Boise, ID 83709
IV. STAFF ANALYSIS
The applicant is requesting to modify the final plat approved with File No. H-2017-0067. The original
plat for Little Creek Subdivision No. 1 included a total of twenty-four (24) multi-family residential
building lots and four (4) common/other lots on 8.19 acres of land. The new plat depicts a total of thirty-
four (34) lots, with twenty-nine (29) building lots and five (5) common lots. The applicant is requesting
to relocate the open space that houses the clubhouse and swimming pool from the northeast corner of
the site (Phase 1 of the development) to the northwest part of the site near the Locust Grove entrance
(Phase 2). This revision will be consistent with the CUP modification (MCU) and the CZC that
was approved in 2018. The CZC has been approved and construction has already commenced for this
development because the applicant was not required to record a final plat prior to construction.
During the public hearing for the original CUP (H-2016-0076) the applicant was proposing two (2)
accesses off of Wilson Lane. A modification to the proposed site plan occurred during the public
hearing because ACHD wanted the site to take access off of Locust Grove instead of having both
accesses on Wilson Lane. The relocation of the open space is proposed so the clubhouse and pool can
be located closer to the Locust Grove entrance as this will be the main access and the focal point of the
development.
Note: The applicant was approved to develop this project in two (2) phases. As noted above, a
subsequent MCU and CZC has been approved to allow the applicant to develop the project in one
(1) phase (see Exhibit VI.E). The City has already approved a final plat for this project. With the
approval of the final plat, a common lot, not buildable lots, was shown in the current location
approved with the conditional use permit (shown in Exhibit VI.A). A condition of approval for the
MCU and CZC was that the applicant process and obtain approval of a final plat modification
application to relocate the open space as proposed and increase the number of buildable lots for the
proposed four-plex structures with the first phase.
Staff has reviewed the open space exhibit provided with this application and has determined by
relocating the open space, the site still complies with the open space standards of the UDC and the
recorded development agreement. The development still has fifty-one (51) buildable lots as approved
with the preliminary plat. If approved, Little Creek Subdivision No. 1 will contain twenty-nine (29)
buildable lots and five (5) common lots.
V. DECISION
A. Staff:
Staff supports the modifications to the approved plat for Little Creek No. 1, as proposed by the
applicant. Staff recommends approval per the conditions in Exhibit VII.
Meridian City Council Meeting Agenda February 5, 2019 – Page 213 of 736
EXHIBIT A
Page 5
VI. EXHIBITS
A. Previously Approved Final Plat (dated: 2017)
Common lot to
be relocated to
Little Creek No.
2; replaced with
4 bldg. lots and
2 common lots
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EXHIBIT A
Page 6
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EXHIBIT A
Page 7
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EXHIBIT A
Page 8
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EXHIBIT A
Page 9
B. Revised/Proposed Final Plat (date: 7/10/2018)
Common lot to
be relocated to
Little Creek No.
2; replaced with
4 bldg. lots and
2 common lots
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EXHIBIT A
Page 10
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EXHIBIT A
Page 11
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EXHIBIT A
Page 12
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EXHIBIT A
Page 13
C. Previously Approved Landscape Plan (date: 4/27/2017)
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EXHIBIT A
Page 14
D. Proposed Landscape Plan (date: 3/26/2018)
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EXHIBIT A
Page 15
E. Site Plan Approved with CZC (date: 11/8/2017)
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EXHIBIT A
Page 16
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development (H-2016-0076, DA Inst. No. 2016-109494; H-2017-0067; A-2017-0157; A-
2018-0013).
2. The applicant shall obtain the City Engineer’s signature on the final plat by October 4,
2019, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a
time extension may be requested.
3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and
the accompanying acknowledgement signed and notarized.
4. The modified final plat prepared by J-U-B Engineers, Inc., stamped on 7/10/18 by
Michael S. Byrns, included in Exhibit VI.B shall be revised as follows:
a. Note #1: Include Lot 29, Block 1 as a common lot to be owned and maintained by the
Little Creek Subdivision Homeowner’s Association
b. Note #12: Include the recorded instrument number of the ACHD License Agreement.
c. Note #13: Include the recorded instrument number of the license agreement for the
Nampa Meridian Irrigation District.
d. Note #14: Include the recorded instrument number of the development agreement
(Inst. No. 2016-109494).
e. Easement Note #1: If applicable, revise note to include Lot 29, Block 1 as having a
utility easement co-situated.
f. Easement Note #8: Include the recorded instrument number for the Settler’s
Irrigation Easement.
g. Easement Note #10: Include the recorded instrument number for the existing Turn
Around Easement.
h. Easement Note #11: Include the recorded instrument number for the existing
Meridian Sewer & Water Easement.
5. The landscape plan prepared by TTKLA, PLLC, dated 6/1/18 stamped by Terry T. King,
included in Exhibit VI.D shall be revised as follows:
a. Lot 29, Block 1 shall be landscaped in accord with UDC 11-3G-3E. Common open
space areas are required to be landscaped with lawn (either seed or sod) and a
minimum of one deciduous shade tree per 8,000 square feet as set forth in UDC 11-
3G-3E.
b. Revise to include three (3) trees to the north of Lot 5 as approved with CZC (A-2017-
0157).
6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility f or
compliance.
B. Public Works - General Conditions:
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EXHIBIT A
Page 17
General Conditions:
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.
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.
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EXHIBIT A
Page 18
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.
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.
Meridian City Council Meeting Agenda February 5, 2019 – Page 227 of 736
EXHIBIT A
Page 19
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 addressed 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.
Meridian City Council Meeting Agenda February 5, 2019 – Page 228 of 736
From:Wendy Shrief
To:Stephanie Leonard
Cc:Chris Johnson
Subject:Little Creek Final Plat Modification
Date:Friday, January 18, 2019 12:37:10 PM
Attachments:image001.png
Stephanie,
I am in agreement with the conditions of the staff report and I would like to request that the project
be places on the consent agenda.
Thanks,
Wendy
Wendy Kirkpatrick Shrief, AICP
Planner
J-U-B ENGINEERS, Inc.
250 S. Beechwood Avenue, Suite 201, Boise, ID 83709
e wshrief@jub.com w www.jub.com
p 208 376 7330 c 208 559 1760
This e-mail and any attachments involving J-U-B or a subsidiary business may contain
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Meridian City Council Meeting Agenda February 5, 2019 – Page 229 of 736