Burlingame Subdivision No. 2 (H-2020-0034) Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: 5/12/2020
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 45 BUILDING ) CASE NO. H-2020-0034
LOTS AND 10 COMMON LOTS ON )
10.49 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL
ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT
BURLINGAME SUBDIVISION NO. )
2. )
BY: AMH DEVELOPMENT,LLC )
APPLICANT )
This matter coming before the City Council on May 12, 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 BURLINGAME SUBDIVISION NO. 2,
LOCATED IN THE E 1/2 OF THE SE '/4 OF SECTION 4, TOWNSHIP 3N,
RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2020,
HANDWRITTEN DATE: 03/02/20, by CLINTON W. HANSEN, PLS, SHEET 1
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(BURLINGAME NO. 2—FILE H-2020-0034)
Page 1 of 3
Meridian City Council Meeting Agenda May 12,2020— Page 123 of 284
OF 3," 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 April 28, 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 Becky McKay(applicant representative), 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(BURLINGAME NO. 2—FILE H-2020-0034)
Page 2 of 3
Meridian City Council Meeting Agenda May 12,2020— Page 124 of 284
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 12th day of
May , 2020.
By:
Robert E. Simison
Mayor, City of Meridian
Attest:
Chris Johnson
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 5-12-2020
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(BURLINGAME NO. 2—FILE H-2020-0034)
Page 3 of 3
Meridian City Council Meeting Agenda May 12,2020— Page 125 of 284
EXHIBIT A
STAFF REPORTC�WE COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT !A H O
DATE: 4/28/2020 Legend W
TO: City Council Project Location
FROM: Joseph Dodson,Associate Planner
208-884-5533 ® ��
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: H-2020-0034 `
Burlingame Subdivision No. 2 I a
PROPERTY LOCATION: _
The site is located at 1923 N. Black Cat
Rd.,in the SE 1/4 of the SE 1/4 of Section p
4, Township 3N.,Range 1 W.
I. PROJECT DESCRIPTION
The Applicant is requesting Final Plat approval consisting of forty-five (45)building lots
and ten(10) common lots on 10.49 acres of land in the R-8 zoning district. This is the second
and final phase for the Burlingame Subdivision development.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 10.49
Future Land Use Designation MDR(Medium-Density Residential)
Existing Land Use Residential/Agricultural
Proposed Land Use(s) Single-family residential(SFR)
Current Zoning ' R-8
Lots(#and type;bldg/common) 45 SFR, 10 Common
Density(gross&net)l 4.29 Gross,6.74 Net
Open Space(acres,total[%]/ 1.59 acres qualified at 15.2%(specific to this phase)
buffer/qualified)
Amenities Open grassy areas and pathways
Physical Features(waterways, Settlers Canal runs along north property boundary
hazards,flood plain,hillside)
History(previous approvals) H-2018-0079(PP),Development Agreement Inst. #2018-
119406;H-2019-0080(phase 1 Final Plat).
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Meridian City Council Meeting Agenda May 12,2020— Page 126 of 284
B. Project Area Maps
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III. APPLICANT INFORMATION
A. Applicant
AMH Development, LLC—280 Pilot Road, Ste. 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
IV. STAFF ANALYSIS
The proposed final plat consists of 45 building lots and 10 common lots in the R-8 zoning
district. The minimum lot size proposed is 5,504 square feet with an average lot size of
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Meridian City Council Meeting Agenda May 12,2020— Page 127 of 284
approximately 6,463 square feet. The total open space for this project is spread across two
phases of development—approximately 1.59 acres of the approved 2.26 acres are proposed
in this second phase in compliance with the approved preliminary plat. In addition, the multi-
use pathway amenity is proposed with this phase of the project as depicted on the landscape
plans (Exhibit Q. The other proposed amenity for this project(children's play structures)
was built with phase 1 of development.
NOTE: The proposed multi-use pathway resides within the Settler's Irrigation easement
and cannot be landscaped with trees in accord with UDC requirements. The Applicant's
landscape plan shows all other UDC landscape requirements to be met regarding the
pathways. However, the Applicant will need to apply for Alternative Compliance to show
alternative means of meeting the UDC requirements;Staff has recommended a condition
of approval regarding this in Section VII of this report.
Because the number of building lots and the amount of common open space is the same as in
the approved preliminary plat, staff finds the proposed final plat to be in substantial
compliance with the approved preliminary plat as required by UDC 1-6B-3C.2.
V. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in
Section VII of this report.
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Meridian City Council Meeting Agenda May 12,2020— Page 128 of 284
VI. EXHIBITS
A. Preliminary Plat(dated: 07/11/18)
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Meridian City Council Meeting Agenda May 12,2020— Page 135 of 284
VII. SITE SPECIFIC CONDITIONS
1. The applicant shall comply with all applicable conditions of approval associated with this site:
(H-2017-0055,Development Agreement Addendum Instrument No's. 2018-014051 and 2018-
119406; and H-2018-0079,Preliminary Plat).
2. Because the Phase 1 Final Plat has not received City Engineer signature as of this approval,the
applicant has until November 20,2020,the date of approval for the Burlingame Subdivision
Preliminary Plat(H-2018-0079),to obtain City Engineer's signature on the final plat for this
phase or apply for a time extension in accord with UDC 11-6B-7.
3. The final plat prepared by Engineering Solutions, dated 3/02/2020, shall be revised prior to City
Engineer's signature as follows:
• Include the ACHD License Agreement Instrument Number on Note#12 and in the
legend.
• Add a note to the Final Plat stating"Lots 21 and 22, Block 3, and Lots 1 and 13,Block 5
are subject to a public access easement for the multi-use pathway within them"and note
that easement number.
4. Prior to City Engineer signature,the Common Drive Exhibit shall be corrected to depict an eight-
foot setback along the western boundary of Lot 11, Block 5 to be consistent with the eight-foot
easement in this location.
5. Prior to submittal of a final plat for City Engineer signature,the applicant shall submit public
access easements for the multi-use pathways on Lots 21 and 22, Block 3, and Lots 1 and 13,
Block 5. 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.
6. Prior to City Engineer signature of the final plat,the Applicant shall obtain Alternative
Compliance approval for the landscape plan,due to trees not being allowed in the Irrigation
District easement within the common lots on the west and north boundaries.
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, at(208) 887-1620 for more information.
8. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not
relieve the applicant of responsibility for compliance.
9. The applicant shall construct single family detached dwellings in accord with the recorded
development agreements.
10. All fencing shall be installed in accordance with UDC 11-3A-7; the proposed semi-private
fencing depicted on the landscape plan does not meet UDC requirements for fencing along
common open space areas.
VIII. GENERAL REQUIREMENTS
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
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Meridian City Council Meeting Agenda May 12,2020— Page 136 of 284
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
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
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Meridian City Council Meeting Agenda May 12,2020— Page 137 of 284
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
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
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Meridian City Council Meeting Agenda May 12,2020— Page 138 of 284
other applicable law or regulation.
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Meridian City Council Meeting Agenda May 12,2020— Page 139 of 284
From: Joseph Dodson
To: 'Becky McKay"
Subject: RE: Burlingame Subdivision No.2(H-2020-0034)
Date: Friday,April 24,2020 2:08:55 PM
Thanks, Becky!
Have a great weekend!
Joseph Dodson Current Associate Planner
City of Meridian Community Development
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.884.5533
C4rE IIF�IA --
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.
From: Becky McKay<Beckym@engsol.org>
Sent: Friday,April 24, 2020 2:08 PM
To:Joseph Dodson <jdodson@meridiancity.org>
Subject: Burlingame Subdivision No. 2 (H-2020-0034)
Joseph:
We are in agreement with the final plat staff report and the applicable conditions of approval.
Thanks,
Becky McKay, Partner
ENGINEERING SOLUTIONS, LLP
1029 N. Rosario Street, Ste. 100
Meridian, Idaho 83642
Phone: 208-938-0980
Meridian City Council Meeting Agenda May 12,2020— Page 140 of 284