Little Creek No. 2 H-2019-0103
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LITTLE CREEK SUB. NO. 2 – FP H-2019-0103
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 23 BUILDING
LOTS AND 3 COMMON LOTS ON
7.66 ACRES OF LAND IN THE R-40
ZONING DISTRICT FOR LITTLE
CREEK SUBDIVISION NO. 2
BY: JUB ENGINEERS
APPLICANT
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CASE NO. H-2019-0103
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 LITTLE CREEK SUBDIVISION NO. 2,
LOCATED IN A PORTION OF LOTS 18 & 19 OF PLEASANT VALLEY
SUBDIVISION, SITUATED IN THE NORTHWEST QUARTER OF SECTION
8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF
Meridian City Council Meeting Agenda November 6, 2019 – Page 172 of 610
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LITTLE CREEK SUB. NO. 2 – FP H-2019-0103
Page 2 of 3
MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE:
10/10/2019, by ROBERT L. KAZARINOFF, PLS, SHEET 1 OF 6,” 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 Wendy
Kirkpatrick Shrief, JUB Engineers, 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 173 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 to
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Mayor, Cit Meridian
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR LITTLE CREEK SUB. NO. 2 — FP H-2019-0103
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-2019-0103
Little Creek No. 2
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 No. R7104253850)
I. PROJECT DESCRIPTION
Final plat consisting of 23 building lots and 3 common lots on 7.66 acres of land in the R-40 zoning
district. This is the second and final phase of development of the preliminary plat.
II. APPLICANT INFORMATION
A. Applicant:
JUB Engineers – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709
B. Owner:
Erik Pilegaard, Little Creek Partners, LLC – 2452 Bayview Ave., Carmel, CA 93923
C. Representative:
Wendy Shrief, JUB Engineers, Inc. – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709
III. STAFF ANALYSIS
The preliminary plat and conditional use permit for this project was approved in 2016 (H-2016-0076).
The preliminary plat consisted of 51 building lots and 3 common lots on 15.85 acres of land in the R-
40 zoning district; a total of 2.89 acres (or 18.27%) common open space was provided.
A final plat was approved for the first phase of development in 2017 consisting of 24 building lots and
4 common lots on 8.19 acres of land; 1.16 acres of common open space was proposed (H-2018-0138).
The final plat was later modified in 2018 consistent with the conditional use permit modification (A-
2018-0013) to relocate the common area where the clubhouse and swimming pool was planned further
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda November 6, 2019 – Page 175 of 610
Page 2
to the west near the entrance to the development from Locust Grove Rd. which resulted in an increase
in building lots from 24 to 28 (H-2018-0136).
The proposed final plat for Phase 2 consists of 23 building lots and 3 common lots on 7.66 acres of
land. Common open space is proposed in this phase with a clubhouse with a gym and swimming pool
and segment of the City’s multi-use pathway system as amenities.
Staff has reviewed the proposed final plat (and approved final plat for Phase 1) for substantial
compliance with the approved preliminary plat and found there to be the same number of overall
building lots and more common area than approved with the preliminary plat between this phase and
the first phase. Therefore, staff deems the final plat to be in substantial compliance with the
preliminary plat as required by UDC11-6B-3C.2.
The landscaping within the street buffers was approved with the Certificate of Zoning Compliance
application (A-2017-0157, revised on 3/26/18).
The City Council previously approved a waiver to UDC 11-3A-6A.3 with the preliminary plat (H-
2016-0076) to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the
southern boundary of the site.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat per the conditions in Exhibit VI.
Meridian City Council Meeting Agenda November 6, 2019 – Page 176 of 610
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V. EXHIBITS
A. Approved Preliminary Plat (dated: 8/17/2016)
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Page 4
B. Site Plan Approved with CUP Modification (A-2018-0013)
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Page 5
C. Proposed Final Plat (date: 10/10/2019)
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Page 6
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Page 7
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Page 8
D. Proposed Landscape Plan (date: 10/9/2019)
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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-2016-0076, DA Inst. No. 2016-109494; and A-2018-0013).
2. The applicant shall obtain the City Engineer’s signature on the final plat by August 7,
2021, within 2 years of the City Engineer’s signature on the previous phase final plat, 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 final plat prepared by JUB Engineers, Inc., stamped on 10/10/19 by Robert L.
Kazarinoff, included in Exhibit V.C shall be revised as follows:
a. Note #12: Include recorded ACHD license agreement instrument number.
b. Easement Note #5: Include recorded instrument number for existing pathway
easement.
c. Easement Note #9: Include the recorded instrument number for the existing Meridian
sewer and water easement.
d. Reference Documents (sheet 4): Include the recorded instrument number for the
easements.
5. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat,
conditional use permit modification, and/or development agreement does not relieve the
Applicant of responsibility for compliance.
B. Public Works - 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.
Meridian City Council Meeting Agenda November 6, 2019 – Page 183 of 610
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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.
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.
Meridian City Council Meeting Agenda November 6, 2019 – Page 184 of 610
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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.
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 November 6, 2019 – Page 185 of 610
From:Wendy Shrief
To:Sonya Allen; Adrienne Weatherly; Charlene Way; Chris Johnson
Cc:Bill Parsons; Bruce Freckleton
Subject:RE: Little Creek Sub. 2 - FP H-2019-0103 Staff Report for Oct. 22 Council Mtg
Date:Thursday, October 17, 2019 2:56:33 PM
Attachments:image007.png
image013.png
Sonya,
We agree with all staff report conditions, please place item on consent agenda if possible.
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
c 208 559 1760
From: Sonya Allen <sallen@meridiancity.org>
Sent: Thursday, October 17, 2019 2:50 PM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>;
Chris Johnson <cjohnson@meridiancity.org>
Cc: Bill Parsons <bparsons@meridiancity.org>; Bruce Freckleton <bfreckleton@meridiancity.org>;
Wendy Shrief <wshrief@jub.com>
Subject: Little Creek Sub. 2 - FP H-2019-0103 Staff Report for Oct. 22 Council Mtg
[External Email]
Attached is the staff report for the proposed final plat for Little Creek Sub. 2. This item is scheduled
to be on the Council agenda on October 22nd. The public hearing will be held at City Hall, 33 E.
Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Wendy - Please submit any written response you may have to the staff report to the City Clerk’s
office (cityclerk@meridiancity.org) and me as soon as possible.
Thanks,
Sonya Allen | Associate Planner
EXHIBIT B
Meridian City Council Meeting Agenda November 6, 2019 – Page 186 of 610
City of Meridian | Community Development Dept.
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Phone: 208-884-5533 | Fax: 208-489-0578
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Meridian City Council Meeting Agenda November 6, 2019 – Page 187 of 610