Stapleton Subdivision No. 1 (H-2019-0117)
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR STAPLETON SUB 1 – FP H-2019-0117
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: DECEMBER 3, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 53 BUILDING
LOTS AND 7 COMMON LOTS ON
9.37 ACRES OF LAND IN THE R-15
ZONING DISTRICT FOR
STAPLETON SUBDIVISION NO. 1
BY: C4 LAND, LLC
APPLICANT
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CASE NO. H-2019-0117
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on December 3, 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 STAPLETON SUBDIVISION NO. 1,
LOCATED IN THE E ½ OF THE SE ¼ OF SECTION 25, T.3N., R.1W., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN
DATE: 11/26/2019, by CARL PORTER, PLS, SHEET 1 OF 5,” is conditionally
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR STAPLETON SUB 1 – FP H-2019-0117
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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 December 3, 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 Laren Bailey, DevCo, 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 December 10, 2019 – Page 96 of 261
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 10 3"*" day of
By:
Tammy de __ "
Mayor, Cit Meridian
Copy served upon the applicant, Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By:
Dated: 15, • I d "C916 t 9
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR STAPLETON SUB I — FP H-2019-0117
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EXHIBIT A
Page 1
HEARING
DATE:
12/3/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0117
Stapleton Subdivision No. 1
LOCATION: 4435 S. Meridian Rd., in the SE ¼ of
Section 25, Township 3N., Range 1W.
I. PROJECT DESCRIPTION
The Applicant proposes a Final Plat consisting of 53 building lots and 7 common lots on 9.37 acres of
land in the R-15 zoning district. Alternative compliance to UDC 11-3H-4D.3b, which prohibits
intermittent breaks in the berm/wall along SH-69, is also requested.
II. APPLICANT INFORMATION
A. Applicant:
C4 Land, LLC – 4824 W. Fairview Ave., Boise, ID 83706
B. Owner:
Same as Applicant
C. Representative:
Laren Bailey, DevCo – 4824 W. Fairview Ave., Boise, ID 83706
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. There is one (1) fewer lot depicted in
Block 2 that shown on the approved preliminary plat and substantially the same amount of common
area; therefore, staff deems the final plat in substantial compliance with the approved preliminary plat
as required.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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Alternative compliance is requested to UDC 11-3H-4D.3b (as allowed in UDC 11-3H-4D.4), which
prohibits intermittent breaks in the berm/wall along SH-69 to allow two (2) breaks for pedestrian
connections to the multi-use pathway along SH-69. The Applicant’s proposed substitute noise
abatement is to wrap the concrete wall inward 60 feet along each side of the common lot containing
the pathway to shield adjacent building lots from highway noise as shown on the landscape plan in
Section V.C. Because pathways are desired for pedestrian connectivity and block faces over 750 feet
are required to contain a pathway in order to extend up to 1,000 feet such as in this case, Staff is
amenable to the Applicant’s proposal per the Findings in Section VII.
IV. DECISION
Staff:
Staff recommends approval of the proposed final plat with the conditions noted in Section VI of
this report. The Director approved the request for alternative compliance per the Findings in
Section VII.
V. EXHIBITS
A. Preliminary Plat (date: 1/29/2019)
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B. Final Plat (date: 11/26/2019)
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C. Landscape Plan (dated: 11/27/19)
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D. Common Driveway Exhibits
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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-2018-0129, Development Agreement #2019-110907).
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 May 21, 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 final plat prepared by Carl Porter, Sawtooth Land Surveying, LLC, dated 11/26/2019,
included in Section VII.B shall be revised as follows:
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a. Note #7: Include recorded instrument number for ACHD license agreement.
b. Note #8: Include recorded instrument number.
c. Note #11: Include recorded instrument number for the Development Agreement (#2019-
110907).
d. Note #14 – “. . . Lots 17 18 through 22, Block 2 . . .”
e. Note #16: Include recorded instrument number of ACHD sidewalk easement.
5. The landscape plan prepared by Jensen Belts Associates, dated 11/27/19, shall be revised as
follows:
a. The gravel shoulder along SH-69/S. Meridian Rd. shall be a maximum of 10-feet wide;
any area over 10 feet shall be landscaped with lawn or other vegetative groundcover in
accord with UDC 11-3B-7C.5.
6. The top of the combination berm/wall constructed along SH-69 shall be a minimum of 10 feet
higher than the elevation at the centerline of the state highway in accord with UDC 11-3H-
4D.2 as shown in the exhibit in Section V.C.
7. Future homes constructed in this development shall substantially comply with the conceptual
elevations approved with H-2018-0129 included in the Development Agreement.
8. Building lots are limited to 30 lots until an approved secondary access is completed.
9. The building lots along the perimeter of the development adjacent to SH-69/S. Meridian Rd.
shall be restricted to a single-story in height as proposed by the Developer in accord with the
Development Agreement.
10. Prior to issuance of any Certificates of Occupancy within this phase of development, the
SH-69/S. Meridian Rd. roadway improvements, 10-foot wide multi-use pathway and
street buffer landscaping shall be constructed along the full length of the project
boundary along SH-69/S. Meridian Rd.
11. All single-family attached structures shall comply with the design sta ndards listed in the
Architectural Standards Manual. An application for Design Review shall be submitted and
approved for all attached dwelling units prior to submittal of building permit applications.
12. All development within the Northwest gas pipeline easement shall comply with the
Williams Gas Pipeline Developer’s Handbook.
13. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division
for the multi-use pathway within the street buffer along SH-69 prior to City Engineer signature
on the final plat for the phase in which it is located; coordinate the details of the easement with
Kim Warren, Park’s Department.
14. Address signage for emergency wayfinding purposes shall be provided at the public street for
homes accessed by the common driveways on Lot 10, Block 1 and Lots 23 & 28, Block 2.
15. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for
all common driveways, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of the recorded easements shall
be submitted to the Planning Division prior to signature on the final plat by the City
Engineer.
16. All existing structures on the site shall be removed prior to City Engineer signature on the final
plat.
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17. The wall along SH-69 shall be staggered with at least 2 feet variations at a minimum of
every 300 linear feet as proposed by the Applicant in order to comply with UDC 11 -3H-
4D.3c to avoid a monotonous wall.
18. 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. Applicant to revise the sewer mainline slope between SSMH A-4, SSMH A-3, and SSMH A-
2 (Sewer Line 'A' profile, on sheet C5.0 ) to have a maximum slope of 5.0%.
2. Applicant shall add a blow-off to the 8-inch water mainline stub in W Norwich Street
(near lot 3, block 3). The water mainline stub in W Haniken Street does not meet
minimum pressure in this phase as currently designed. Applicant must choose 1 of the 4
following options to resolve this deficiency: Option 1- Add a second water connection to
Meridian Road via the walking path (lot 23, block 1); Option 2 - Connect the water mains
between W Hanicken Street & W Norwich Street via the common drive (lot 23, block 2);
Option 3 - Construct the water main in phase 1 up Solaris Avenue through the future
phase and connect into Harris Street; or Option 4 – Remove the deficient lots (i.e. Lots
13-27, Block 2 and Lots 2-4, Block 5) from the boundary of the plat.
3. The street light plan submitted with this application appears to meet design requirements based
on a preliminary review. A future streetlight installation agreement is required for the required
streetlights on Meridian Road.
4. There is significant amounts of earth moving/fill on this site; per General Condition #18,
the Applicant shall be required to submit compaction test results for the development
prior to issuance of building permits.
General Conditions:
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
16. Developer shall coordinate mailbox locations with the Meridian Post Office.
17. All grading of the site shall be performed in conformance with MCC 11-1-4B.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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
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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.
23. 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.
24. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
25. 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.
26. 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.
27. 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.
28. 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.
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VII. Findings
Alternative Compliance (UDC 11-5B-5E)
Required Findings: In order to grant approval for an Alternative Compliance application, the Director
shall determine the following:
1. Strict adherence or application of the requirements are not feasible; or
Staff finds that strict adherence or application of the requirements of UDC 11-3H-4D.3b,
which prohibit intermittent breaks in the berm/wall along SH-69, is not feasible due to the
requirement for pathways to be provided for pedestrian connectivity and for block faces to
extend up to 1,000 feet in length.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff finds the proposed alternative means of compliance (wrapping the sound wall inward 60
feet along each side of the common lot containing the pathway to shield adjacent building
lots) provides an equal means for meeting the requirements in UDC 11-3H-4D.3b.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of surrounding properties.
Staff finds the alternative means of complying with UDC 11-3H-4D.3b will not be materially
detrimental to the public welfare or impair the intended uses and character of surrounding
properties and will allow for pedestrian access to the multi-use pathway along SH-69 in more
locations other than just at the quarter mile.
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1
Charlene Way
From:Laren Bailey <laren@congergroup.com>
Sent:Tuesday, December 03, 2019 1:03 PM
To:Sonya Allen; Adrienne Weatherly; Charlene Way; Chris Johnson
Cc:Bill Parsons; Bruce Freckleton
Subject:RE: Stapleton Sub. 1 - ALT, FP H-2019-0117 Staff Report for 12/3 Council Mtg
External Sender - Please use caution with links or attachments.
Sonya,
We agree with the staff report and conditions of the final plat. Thank you
From: Sonya Allen <sallen@meridiancity.org>
Sent: Wednesday, November 27, 2019 11:30 AM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson
cjohnson@meridiancity.org>
Cc: Bill Parsons <bparsons@meridiancity.org>; Laren Bailey <laren@congergroup.com>; Bruce Freckleton
bfreckleton@meridiancity.org>
Subject: Stapleton Sub. 1 - ALT, FP H-2019-0117 Staff Report for 12/3 Council Mtg
Attached is the staff report for the proposed final plat for Stapleton Sub. 1. This item is scheduled to be on the City
Council agenda on December 3rd . 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.
Laren - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org ) and me
asap prior to the meeting.
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.
EXHIBIT B
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