Whitecliffe Estates Subdivision No. 1 H-2019-0033
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR WHITECLIFFE ESTATES NO.1 – FP H-2019-0033
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: 4/23/2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 45 BUILDING
LOTS AND 7 COMMON LOTS ON
17.96 ACRES OF LAND IN THE R-4
ZONING DISTRICT FOR
WHITECLIFFE ESTATES
SUBDIVISION NO. 1
BY: 943 W. MCMILLAN ROAD,
LLC
APPLICANT
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CASE NO. H-2019-0033
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 23, 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 WHITECLIFFE ESTATES SUBDIVISION
NO. 1, LOCATED IN THE NE ¼ OF THE NW ¼ OF SECTION 36, T.4N.,
R.1W., B.M., ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE:
3/04/2019, by CLINTON W. HANSEN, PLS, SHEET 1 OF 3,” is conditionally
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR WHITECLIFFE ESTATES NO.1 – FP H-2019-0033
Page 2 of 3
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 April 23, 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 Becky McKay, Engineering
Solutions LLP, 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.
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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 r14^1 day of
hc�—' 2019.
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By:
ar, City o eridian (�` O W)C t'r(�IUN �'
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Copy served upon the Applicant, Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: —11 \ t Dated: 5-1-19
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR WHITECLIFFE ESTATES NO.1 – FP H-2019-0033
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EXHIBIT A
Page 1
HEARING
DATE:
4/23/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0033
Whitecliffe Estates Subdivision No. 1
LOCATION: 943 W. McMillan Rd., in the NE ¼ of
NW ¼ of Section 36, T.4N, R.1W.
I. PROJECT DESCRIPTION
The Applicant proposes a Final Plat consisting of 45 building lots and 7 common lots on 17.96 acres
of land in the R-4 zoning district. This is the first phase of development of the Whitecliffe Estates
Subdivision preliminary plat.
II. APPLICANT INFORMATION
A. Applicant:
943 W McMillan Road, LLC – 13967 W. Wainwright Drive Dr., Suite 102, Boise, ID 83713
B. Owner:
Same as Applicant
C. Representative:
Becky McKay, Engineering Solutions, LLP – 1029 N. Rosario Street, Suite 100, Meridian, ID
83642
III. STAFF ANALYSIS
The subject property was included in the Whitecliffe Estates Subdivision preliminary plat.
The minimum property size in this phase of development is 8,000 square feet (s.f.) with an average size
of 9,255 s.f. A total of 3.54 acres (or 19.5%) of open space is provided with this phase consisting of a
2.94 acre park, local street buffers and parkways, and arterial street buffers along McMillan Rd.;
amenities proposed with this phase include a playground, gazebo, shuffle board court, and pathways.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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All of the lots proposed in this phase are for single-family detached homes and must comply with the
dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5 as follows:
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 final plat depicts the
same number of building lots; the amount of common area is generally the same as shown on the
approved preliminary plat. Therefore, Staff finds the proposed final plat in substantial compliance
with the approved preliminary plat as required.
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: 5/23/2018)
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B. Final Plat (date: 3/4/2019)
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C. Landscape Plan (dated: 12/11/18)
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D: Common Drive Exhibit
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E: Conceptual Building Elevations
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development (AZ, PP H-2018-0074; Development Agreement #2018-111711).
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 applicant shall provide a letter from the United States Postal Service stating that the
mailbox locations for the development have been approved.
5. The applicant shall comply with the submitted home elevations attached in Exhibit E. The
rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and
Lot 3 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-
story structures are exempt from this requirement.
6. The final plat prepared by Land Solutions, LLP stamped on 3/04/2019 by Clinton W. Hansen,
shall be revised as follows:
a. Add the instrument number for the development agreement to Note 10.
b. Add the instrument number for the Ada County Highway District license agreement to Note
12.
c. Add the instrument number for the Declaration of Covenants, Conditions, and Restrictions
of Whitecliffe Estates No. 1 to Note 13.
d. Graphically depict the fifty-foot (50’) wide Lemp Canal easement.
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7. The landscape plan prepared by Jensen Belts Associates, dated 03/07/2019, is approved as
shown in Exhibit C.
8. 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. Add two additional type 1 street lights on W. McMillan Road, staggered from existing lights
across the street. Davit poles may be used to avoid conflicts with overhead power.
2. Applicant to verify that there is adequate spacing between the sewer mainline and seepage beds
on Sheet S-1, where the mainline runs adjacent to gravel access road. On Sheet S-3, specifically
where the sewer service stubs are shown within Block 2, Lots 9 and 10, the angle between stubs
appears to be too small, causing concern. Ensure that sewer service stubs provide a minimum
of 5-ft. horizontal separation from proposed sewer manholes.
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 t o 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
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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.
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
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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 Wa ter
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. Applicant received waiver from City Council to leave the Lemp Canal open
along the McMillan Road frontage. In performing such work, the applicant shall comply with
Idaho Code 42-1207 and any other applicable law or regulation.
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