Gander Creek South (H-2019-0108)
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR GANDER CREEK SOUTH SUB 1 – FP H-2019-0108
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: OCTOBER 22, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 76 SINGLE-
FAMILY RESIDENTIAL
BUILDING LOTS, 1 BUILDING
LOT FOR A FUTURE FIRE
STATION AND 11 COMMON LOTS
ON 25.06 ACRES OF LAND IN THE
R-8 ZONING DISTRICT FOR
GANDER CREEK SOUTH
SUBDIVISION NO. 1
BY: TRILOGY IDAHO
APPLICANT
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CASE NO. H-2019-0108
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on October 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 GANDER CREEK SOUTH
SUBDIVISION NO. 1, LOCATED IN THE NE ¼ OF SECTION 32, T.4N.,
R.1W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO,
Meridian City Council Meeting Agenda November 6, 2019 – Page 153 of 610
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR GANDER CREEK SOUTH SUB 1 – FP H-2019-0108
Page 2 of 3
2019, HANDWRITTEN DATE: SEPTEMBER 11, 2019, by CODY
MCCAMMON, PLS, SHEET 1 OF 5,” 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 October 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 Kent Brown, 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
Meridian City Council Meeting Agenda November 6, 2019 – Page 154 of 610
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 44, day of
1 0ye,M bQA[� , 2019.
By:
Tammy de rd
Mayor, Ci of Meridian
Attest: ch,
CUS
�1 r9��f� IAN�=--'Chris Jo sonCity C er LF. Pb�Q�00,
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City
Attorney.
By: Onalum�A)2
Dated: [ t —to - r9lo 19
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR GANDER CREEK SOUTH SUB I — FP H-2019-0108
Page 3 of 3
EXHIBIT A
Page 1
HEARING
DATE:
10/22/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0108
Gander Creek South No.1
LOCATION: Generally located southwest of the N.
McDermott Rd./W. McMillan Rd.
intersection, in the NE ¼ of Section 32,
Township 4N., Range 1W.
I. PROJECT DESCRIPTION
The Applicant proposes a final plat consisting of 76 single-family residential building lots, 1 building
lot for a future fire station, and 11 common lots on 25.06 acres of land in the R-8 zoning district.
II. APPLICANT INFORMATION
A. Applicant:
Trilogy Idaho – 9839 W. Cable Car St., Boise, ID 83706
B. Owner:
Union Square, LLC. – 9839 W. Cable Car St., Boise, ID 83706
C. Representative:
Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (H-2019-0013) in accord with the requirements listed in UDC 11-6B-3C.2. Because the number
of buildable lots is the same and the amount of common open space area is greater than shown on the
approved preliminary plat, staff deems the final plat in substantial compliance with the approved
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda November 6, 2019 – Page 156 of 610
preliminary plat. A total of 1.6 acres (or 12.6%) of common open space is proposed with this phase;
amenities consist of a tot lot and pathway to the school.
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 (dated: 5/13/2019)
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Page 3
B. Final Plat (dated: 9/6/19)
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Page 5
C. Landscape Plan (dated: 09/12/2019)
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Page 7
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D. Amenities (Pool House, Playground Equipment & Picnic Shelter)
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Page 9
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-2019-0013; DA instrument number 2019-060657).
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 June 18, 2021), 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 development shall be limited to thirty (30) building permits until a secondary access for
emergency services is completed.
5. The final plat prepared by Bailey Engineering, Inc. by Gregory G. Carter, dated: 9/6/19, included
in Section V.B shall be revised as follows:
a. Modify Note #6 as follows: “Direct lot access to N. Owyhee Storm Ave. is prohibited except
for Lot 2, Block 6.”
b. Modify Note #8 to include Lot 1, Block 2 as a common lot.
c. Include the recorded instrument number on Note #9.
d. Include the recorded instrument number on Note #10.
e. Graphically depict the easement for the Nine Mile Creek where it encroaches on this plat.
6. The landscape plan prepared by Jensen Belts Associates, dated 09/12/2019, included in Section
V.C, shall be revised as follows:
a. Correct the name of the creek depicted on the plat from “Nine” to “Five” Mile Creek.
b. Depict vegetative groundcover within Lot 5, Block 1 and Lot 2, Block 2.
7. 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.
8. The rear of structures that face N. Owyhee Storm Ave., a collector street, 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.
9. All fencing shall comply with the standards of UDC 11-3A-7C.
10. The transfer of Lot 2, Block 6 to the Fire Department for the development of a fire station shall
take place with recordation of the subject final plat. A conditional use permit is required for a fire
station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2;
compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-
Public Use is required.
11. A floodplain development permit is required to be obtained from the Public Work’s Department
prior to any and all development within the floodplain.
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12. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between
the north and south portions of this development, shall be protected during construction.
13. All homes constructed shall be generally consistent with the conceptual elevations included with
the development agreement (inst. # 2019-060657).
14. The mid-mile collector street (N. Owyhee Storm Ave.) and pedestrian walkway along the street
shall be constructed from W. McMillan Rd. to the southern boundary of this development with
the earlier part of this phase of development or at the time of substantial completion of the high
school as set forth in the Development Agreement.
15. A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved by the Planning Division for the pool facility, picnic shelter and associated parking,
prior to submittal of an application for a building permit.
16. 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. All streetlights on N. Owyhee Storm Avenue shall be Type 1 metered. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272
2. The water system as proposed does not have a secondary connection to the City's water
distribution system. Water must be connected to another source per comments from Gander
Creek North No 1 FP. Most likely connection is to continue 12 inch water at the west side of
project to connect to south. Each phase must be modeled at final plat to ensure adequate fire
flow.
3. The following items are Flood Plain Development requirements:
a. Revise flood study to incorporate proposed conditions including bridge and creek/canal
alterations.
b. No-Rise certification letter for bridges, culverts and alterations
c. Copy of NMID license agreement
d. Copy of 404 and stream alteration permits.
4. This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure
Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement
for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code
section 8-6-5
5. The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this
application highlights several site conditions (including but not limited to soil types, ground water,
and construction methods) that will make development of this property and construction of homes
somewhat challenging. The developer shall bear the responsibility of ensuring that all the
requirements, including compaction of backfill material, foundation drains around homes, and on-
site infiltration pits are conveyed to the home builders, and that they are closely adhered to.
General Conditions:
6. 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
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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.
7. 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 thi s development,
coordinate main size and routing with Public Works.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
17. Developer shall coordinate mailbox locations with the Meridian Post Office.
18. All grading of the site shall be performed in conformance with MCC 11-1-4B.
19. Compaction test results shall be submitted to the Meridian Building Department for all building
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pads receiving engineered backfill, where footing would sit atop fill material.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
26. 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.
27. 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.
28. 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.
29. 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
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11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
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From:kent brown
To:Sonya Allen
Subject:Re: Gander Creek South Sub. 1 - FP H-2019-0108 Staff Report for 10/22 Council Mtg
Date:Friday, October 18, 2019 3:55:01 PM
Attachments:image006.png
Sonya the My Client has reviewed the conditions of approval and are in agreement and will
comply.
Kent
On Fri, Oct 18, 2019 at 12:35 PM Sonya Allen <sallen@meridiancity.org> wrote:
Attached is the staff report for the proposed final plat for Gander Creek South Sub. 1. This
item is scheduled to be on the City Council agenda on Oct. 22nd. 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.
Applicant - Please submit a written response to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org) and me as soon as possible.
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.
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
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
--
Kent Brown
EXHIBIT B
Meridian City Council Meeting Agenda November 6, 2019 – Page 169 of 610
Kent Brown Planning Services
3161 E. Springwood Drive Meridian, ID 83642
P: 208-871-6842
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