Rapid Creek Subdivision No. 2 FP (H-2019-0116)
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR RAPID CREEK SUBDIVISION NO. 2 – FP H-2019-0116
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JANUARY 7, 2020
(FINDINGS DATE: JANUARY 21, 2020)
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 59 BUILDING
LOTS AND 8 COMMON LOTS ON
11.51 ACRES OF LAND IN THE R-8
ZONING DISTRICT FOR RAPID
CREEK SUBDIVISION NO. 2
BY: TRILOGY IDAHO
APPLICANT
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CASE NO. H-2019-0116
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on January 7, 2020 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 RAPID CREEK SUBDIVISION NO. 2,
LOCATED IN THE NE ¼ OF SECTION 33, T.4N., R.1W., B.M. CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 9/30/19,
by Gregory G. Carter, PLS, SHEET 1 OF 4,” is conditionally approved subject to
Meridian City Council Meeting Agenda January 21, 2020 – Page 150 of 246
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR RAPID CREEK SUBDIVISION NO. 2 – FP H-2019-0116
Page 2 of 3
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 January 7, 2020, 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
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 January 21, 2020 – Page 151 of 246
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
January , 2020.
By:
Q�J-
K ert Simis n
Mayor, City f ridian
21st
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
V
By:
Dated: January 21, 2020
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR RAPID CREEK SUBDIVISION NO. 2 — FP H-2019-0116
Page 3 of 3
day of
EXHIBIT A
Page 1
HEARING
DATE:
January 7, 2020
(tabled from: 12/17/2019)
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0116
Rapid Creek Sub. No. 2
LOCATION: East side of N. Black Cat Rd., ¼ mile
south of W. McMillan Rd. at 4435 N.
Black Cat Rd. (S0433110560)
I. PROJECT DESCRIPTION
The Applicant proposes a Final Plat consisting of 59 building lots and 8 common lots on 11.51 acres
of land in the R-8 zoning district.
II. APPLICANT INFORMATION
A. Applicant:
Trilogy Idaho – 9839 W. Cable Car, Ste. 100, Boise, ID 83709
B. Owner:
Endurance Holdings – 1977 Overland Rd., Meridian, ID 83642
C. Representative:
Kent Brown, Kent Brown Planning Services – 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 in accord with the requirements listed in UDC 11-6B-3C.2. The proposed plat contains the same
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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number of building lots and common area as shown on the preliminary plat. Therefore, Staff finds the
proposed plat is in substantial compliance with the approved preliminary plat as required.
A segment of the City’s multi-use pathway system is proposed as an amenity along the Five Mile
Creek.
IV. DECISION
Staff:
Staff recommends approval of the proposed final plat within the conditions noted in Section VIII
of this report.
V. EXHIBITS
A. Preliminary Plat (date: 8/3/2017)
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B. Final Plat (date: 9/30/2019)
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C. Landscape Plan (dated: 9/28/19)
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D. Common Driveway Exhibit
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-2017-0117, Development Agreement #2018-052341).
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 final plat prepared by Bailey Engineering, Inc., stamped on 9/30/2019 by Gregory G.
Carter, included in Section VII.B shall be revised as follows:
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a. Modify Note #7 as follows: “. . . and Lots 1 and 22, Block 3, are common lots . . .”
b. Modify Note #8 as follows: “. . . recorded as Inst. 2018-052341, records of . . .”
c. Note #9: Include recorded instrument number for the ACHD license agreement.
d. Note #10: Include recorded instrument number for the NMID license agreement.
e. Note #12: Include recorded instrument number for the ACHD permanent easement.
f. Note #13: Include the recorded instrument number for the sewer and water easement.
g. Note #14: Include the recorded instrument number for the ACHD temporary easement.
h. Correct spelling of “W. Grand Rapids Dr.” per the street name approval letter.
i. Include a note stating which lots will be accessed via the common driveway; if an
abutting property has the required minimum street frontage, that property is not required
to take access from the common driveway. In this situation, the abutting property’s
driveway shall be on the opposite side of the shared property line away from the common
driveway in accord with UDC 11-6C-3D.5.
5. The landscape plan prepared by Jensen Belts Assoc., dated 9/28/19 is approved as submitted.
6. A 14-foot wide public use easement is required to be submitted to the Planni ng Division for
the multi-use pathway along the Five Mile Creek prior to signature on the final plat by the City
Engineer.
7. Future homes constructed in this development shall substantially comply with the conceptual
elevations approved with H-2017-0117 included in the Development Agreement.
8. The common driveway shall be constructed in accord with the standards listed in UDC 11-6C-
3D; development of lots accessed by common driveways shall be consistent with the exhibit in
Section V.D.
9. Address signage shall be provided at the public street for the homes accessed via the common
driveway for emergency wayfinding.
10. The existing structures on the site shall be removed prior to the City Engineer’s signature on
the final plat.
11. 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. A Floodplain Development Permit is required for this development. Please contact Jason Korn
in the Public Works Department with any questions.
2. It is anticipated that ground water is at approximately two -feet below the surface as measured
in the on-site monitoring wells. It may be necessary to substantially fill the subject property to
increase the clearance above high static ground water. Applicant has indicated that they will
be constructing slab on grade foundations in lieu of the traditional crawl space foundations to
address this concern. It has been reported that additional test well monitoring data has been
collected since the July 2017 report date. This new data will need to be submitted to the
Community Development Department with the submittal of development construction plans.
3. All excavations caused by demolition, removal of animal carcasses, grubbing of ditches or the
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existing ponds are to be backfilled with structural fill.
4. All areas receiving structural fill will need to be inspected and tested per the recommendations
of Site Consulting, LLC. Inspection/test results will need to be submitted to the Meridian
Building Section prior to the development being released for 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.
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 Suret y
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 applicat ion 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
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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
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
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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.
Meridian City Council Meeting Agenda January 21, 2020 – Page 162 of 246
From:kent brown
To:Sonya Allen
Cc:Adrienne Weatherly; Charlene Way; Chris Johnson; Bill Parsons; Bruce Freckleton
Subject:Re: Rapid Creek Sub. 2 - FP H-2019-0116 Staff Report for Jan. 7th Council Mtg
Date:Monday, December 30, 2019 12:29:06 PM
Attachments:image006.png
External Sender - Please use caution with links or attachments.
Good Day The Developer has reviewed the report and is in agreement and will comply
Kent Brown
On Mon, Dec 23, 2019 at 6:26 PM Sonya Allen <sallen@meridiancity.org> wrote:
Attached is the staff report for the proposed final plat for Rapid Creek Sub. 2. This item is
scheduled to be on the Council agenda on Jan. 7th. 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.
Kent - 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
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
Kent Brown Planning Services
3161 E. Springwood Drive
EXHIBIT B
Meridian City Council Meeting Agenda January 21, 2020 – Page 163 of 246
Meridian, ID 83642
P: 208-871-6842
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