Burlingame No. 1 Subdivision H-2019-0080
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BURLINGAME SUB. NO. 1 H-2019-0080
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: AUGUST 13, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 29 BUILDING
LOTS AND 8 COMMON LOTS ON
8.4 ACRES IN THE R-8 ZONING
DISTRICT FOR BURLINGAME NO.
1 SUBDIVISION.
BY: AMH DEVELOPMENT, LLC.
APPLICANT
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CASE NO. H-2019-0080
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on August 13, 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 “BURLINGAME SUBDIVISION NO. 1, LOCATED IN THE
SE ¼ OF THE SE ¼ OF SECTION 4, TOWNSHIP 3N., RANGE 1W., B.M.
MERIDIAN, ADA COUNTY, IDAHO, 2019, DATED: AUGUST 13, 2019, by
CLINTON W. HANSEN, PLS, SHEET 1 OF 4,” is conditionally approved
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BURLINGAME SUB. NO. 1 H-2019-0080
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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 August 13, 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, 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 27, 2019 – Page 76 of 403
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 2g4f' day of
F�Um � , 2019.
Attest:
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Copy served upon the Applicant, Planning and Development Services Divisions of the Community
Development Department and City
Attorney.
By:
Dated: o� �` av I
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BURLINGAME SUB. NO. 1 H-2019-0080
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Page 1
HEARING
DATE:
8/13/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0080
Burlingame Subdivision No. 1
LOCATION: 1923 N. Black Cat Rd., in the SE ¼ of
the SE ¼ of Section 4, Township 3N.,
Range 1W.
I. PROJECT DESCRIPTION
The Applicant proposes a Final Plat consisting of 31 29 building lots and 8 common lots on 8.96 8.4
acres of land in the R-8 zoning district.
NOTE: On August 13, 2019, City Council approved a modified plat due to water pressure concerns.
The three most northern lots (Lots 19, 20, 21, Block 3 of the plat dated 6/13/2019) have been removed
at the direction of Council to address these concerns. This staff report has been revised in a
strikethrough/underline manner to reflect these changes.
II. APPLICANT INFORMATION
A. Applicant:
AMH Development, LLC – 280 Pilot Road, Suite 200, Las Vegas, NV 89119
B. Owner:
AMH Burlingame Development TRS, LLC – 30601 Agoura Rd., Suite 200, Agoura Hills, CA
91301
C. Representative:
Becky McKay, Engineering Solutions, LLP – 1029 N. Rosario Street, Suite 100, Meridian, ID
83642
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Exhibit A
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III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (H-2018-0079 – Burlingame Subdivision) in accord with the requirements listed in UDC 11-6B-
3C.2. Because the number of buildable lots and common area is the same as shown on the approved
preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary
plat.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of
this report.
V. EXHIBITS
A. Preliminary Plat (date: 7/11/2018)
Exhibit A
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B. Final Plat (date: 6/13/2019 8/13/2019)
Exhibit A
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C. Landscape Plan (dated: 6/7/19)
Exhibit A
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D. Landscape Plan for 5403 W. Cherry Ln. (dated: 6/7/19)
Exhibit A
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E. Subdivision Amenities (dated: 6/7/19)
F. Common Drive Exhibit
Exhibit A
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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
(H-2017-0055, Development Agreement Addendum Instrument No’s. 2018-014051 and 2018-
119406).
2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years
of the City Council’s approval of the preliminary plat (by November 20, 2020), 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 Land Solutions stamped on 6/13/2019 8/13/2019 by Clinton W.
Hansen, included in Section V.B shall be revised as follows:
a. Include the ACHD License Agreement Instrument Number on Note #12 and in the legend.
b. Graphically depict the required 25’ landscape buffer along W. Cherry Ln (Lot 1, Block1).
c. The 20’ wide City of Meridian Sewer Easement currently located on the east side of Lot 11,
Block 3 shall be placed entirely in a common lot and noted on the face of the final plat.
5. The landscape plan prepared by South Beck & Baird, dated 06/07/19, included in Section V.C,
shall be revised as follows:
a. The fencing along the pathway located on Lot 7, Block 3 shall comply with code regulation
for fencing along pathways, UDC 11-3A-7A.7(b).
b. The 20’ wide City of Meridian Sewer Easement currently located on the east side of Lot 11,
Block 3 shall be located in a common lot. A 6’ wide, paved, micro pathway shall be
constructed over said easement. On either side of the pathway shall be 4’ of grass-crete
followed by 3’ of landscaping. No trees are to be planted in the landscaped strips.
c. Lots 19, 20, 21, Block 3 shall be removed from the landscape plan so as to match the revised
final plat dated 8/13/2019.
6. The landscape plan for 5403 W. Cherry Ln. by South Beck & Baird, dated 06/13/19, included in
Section V.D, shall be revised as follows:
a. Depict and construct the required 25’ landscape buffer along W. Cherry Ln. per the standards
of UDC 11-3B-7 and the requirements of the recorded Development Agreement. Match
landscaping to that being done on Lot 1, Block 1.
7. 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.
8. Prior to submittal of a final plat for City Engineer signature, the applicant shall submit public access
easements for the 10’ multi-use pathways along W. Cherry Ln. and on Lot 20, Block 3. Submit
easements to the Planning Division for Council approval and subsequent recordation. The
easements shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard
City template for public access easement. Easement checklist must accompany all easement
submittals. Coordinate with Kim Warren from the City of Meridian Parks Department.
Exhibit A
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9. 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.
B. Public Works
Site Specific Conditions:
1. The 20’ wide City of Meridian Sewer Easement currently located on the east side of Lot 11,
Block 3 shall be placed entirely in a common lot and noted on the face of the final plat. The
easement shall be dedicated per General Condition No. 19 below.
2. The current design of the water main for this phase does not provide enough water pressure at the
dead end in N. OConnor Ave. Applicant must extend the proposed water main in N. OConner
Ave. north to the existing water main in Turnberry Subdivision No. 2, instead of waiting until a
future phase makes this connection.
3. The last upstream section of any 8-inch mainline must carry a minimum slope of 0.60%. On
development plan sheets S-1 and S-2 there are segments not meeting this requirement.
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
Exhibit A
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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.
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
Exhibit A
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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 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.
Exhibit A
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Exhibit B
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Exhibit B
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Exhibit B
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