Baraya Subdivision No. 4 FP H-2019-0036
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BARAYA SUB 4 – FP H-2019-0036
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: 4/16/2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 67 BUILDING
LOTS AND 3 COMMON LOTS ON
9.88 ACRES OF LAND IN THE R-15
ZONING DISTRICT FOR BARAYA
SUBDIVISION NO. 4
BY: SCHULTZ DEVELOPMENT
APPLICANT
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CASE NO. H-2019-0036
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 16, 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 BARAYA SUBDIVISION NO. 4,
LOCATED IN THE N ½ OF SECTION 15, T.3N., R.1W., B.M., MERIDIAN,
ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 3/13/2019, by
GREGORY G. CARTER, PLS, SHEET 1 OF 4,” is conditionally approved
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BARAYA SUB 4 – FP H-2019-0036
Page 2 of 3
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 April 16, 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 Matt Schultz, Schultz
Development, 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 April 23, 2019 – Page 112 of 699
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 (2 8) 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 23rd day of
, OYJ � , 2019.
By:
Tammy rd
QO�P�eo AUGu, l;, Mayor, of Meridian
Attest:
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IDIANt
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is Jo on s gEAL
Interim ity Clerk
tiTF� Of the TRE P
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 BARAYA SUB 4 — FP H-2019-0036
Page 3 of 3
-o 3 -aoi
EXHIBIT A
Page 1
HEARING
DATE:
4/16/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0036
Baraya Subdivision No. 4
LOCATION: 3935 W. Franklin Rd., in the north ½ of
Section 15, T.3N., R.1W.
I. PROJECT DESCRIPTION
Final Plat consisting of 67 building lots and 3 common lots on 9.88 acres of land in the R-15 zoning
district for the fourth phase of Baraya Subdivision.
II. APPLICANT INFORMATION
A. Applicant:
Schultz Development – PO Box 1115, Meridian, ID 83680
B. Owner:
Let’s Golf, LLC – 16130 N. Elder St., Nampa, ID 83687
C. Representative:
Matt Schultz, Schultz Development – PO Box 1115, Meridian, ID 83680
III. STAFF ANALYSIS
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 proposed plat depicts a reconfiguration of building lots and common area in this portion of the
development from that approved with the preliminary plat resulting in 5 additional building lots and a
greater amount of common area in this phase. Overall, based on the exhibits in Section V.E, the
number of building lots stayed the same as originally approved (i.e. 334) and the amount of common
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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area increased from 11.34 acres (or 17.5%) to 12.17 acres (or 18.8%). Therefore, Staff finds the final
plat in substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C.2.
Note: The development agreement for this property requires a minimum of 334 single-family
dwellings to be constructed on the R-8 and R-15 portion of the site. The first phase included 47
dwellings, the second phase included 48 dwellings and this phase includes 67 dwellings for a total so
far of 162 dwellings.
All development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the
R-15 zoning district as follows:
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VIII
of this report.
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V. EXHIBITS
A. Preliminary Plat (date: 1/2/2007)
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B. Final Plat (date: 3/13/2019)
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C. Landscape Plan (dated: 3/8/19) & Playground Equipment Detail
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D. Common Driveway Exhibit
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E. Approved Preliminary Plat/Open Space (2007) vs. Reconfigured Layout/Open Space (2019)
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall meet all terms of the approved annexation (AZ-06-061), development
agreement (Inst. No. 107123289), preliminary plat (PP-06-062) and time extension (TE-09-
015; TE-11-001; TEC-13-001) applications approved for this site.
2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two
years of the City Engineer’s signature on the previous phase 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 Bailey Engineering, Inc. stamped on 3/13/2019 by Gregory G.
Carter, shall be revised as follows:
a. Note #1: “. . .Block 10 & 11 or as otherwise noted at eight (8) feet wide.”
b. Note #10: Include recorded instrument number.
c. Note #11: Include recorded instrument number.
d. Note #12: Include recorded instrument number.
e. Note #13: “. . . in favor of Lots 12, 13 and 14, Block 12.”
f. Change S. Umbria Hills “Ave.” to S. Umbria Hills “Way” as requested by the Ada
County Street Name Evaluation Committee.
5. The landscape plan prepared by Breckon Land Design, dated 3/8/19, shall be revised as
follows:
a. Where perma bark or rock is proposed, a weed barrier fabric shall be used beneath the
rocks (impermeable plastic weed barriers are prohibited) in accord with UDC 11-3B-5H.
6. Submit a copy of the final street name review letter from Ada County.
7. Future development shall comply with the approved elevations and design standards listed in
the Ten Mile Interchange Specific Area Plan.
8. Future development of Lots 12-14, Block 12 shall comply with the common driveway exhibit
in Section V.D.
9. 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 for compliance.
B. Public Works
Site Specific Conditions:
1. Revise the street lighting plan to include existing streetlights in adjoining areas.
2. Either relocate storm drainage seepage beds to completely avoid or minimize impact on
Sanitary Sewer service stubs, or sleeve Sanitary Sewer service stubs where they cross
underneath designed seepage beds.
General Conditions:
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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 occupanc y, 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.
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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 6-7 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
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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 April 23, 2019 – Page 127 of 699
From:Matthew Schultz
To:C.Jay Coles; Charlene Way; Chris Johnson; Sonya Allen
Cc:Bill Parsons; Bruce Freckleton
Subject:Re: Baraya Sub. 4 - FP H-2019-0036 Staff Report for April 16th Council Mtg
Date:Wednesday, April 10, 2019 5:32:44 PM
Attachments:image006.png
looks good, thank you!
Matt Schultz
Schultz Development LLC
(208) 880-1695
On Wednesday, April 10, 2019, 5:20:13 PM MDT, Sonya Allen <sallen@meridiancity.org> wrote:
Attached is the staff report for the proposed final plat for Baraya Sub. 4. This item is scheduled to be on
the City Council agenda on April 16th. The hearing will be held at City Hall, 33 E. Broadway Avenue,
beginning at 6:00 pm. Please call or e-mail with any questions.
Matt - Please submit a written response to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org) and me 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, 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 for discussion.
If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the
conditions of approval, your project will be placed on the regular agenda.
Thanks,
Sonya Allen | Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
Built for Business, Designed for Living
EXHIBIT B
Meridian City Council Meeting Agenda April 23, 2019 – Page 128 of 699
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Meridian City Council Meeting Agenda April 23, 2019 – Page 129 of 699