Pine 43 No. 2 (H-2020-0059 Final Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JULY 7, 2020
ORDER APPROVAL DATE: JULY 21, 2020
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 57 BUILDING ) CASE NO. H-2020-0059
LOTS AND 3 COMMON LOTS ON )
8.69 ACRES OF LAND IN THE C-G ) ORDER OF CONDITIONAL
AND R-15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT
PINE 43 SUBDIVISION NO. 2 )
BY: DAN TORFIN, C & O )
DEVELOPMENT, INC. )
APPLICANT )
This matter coming before the City Council on July 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 PINE 43 SUBDIVISION NO. 2,
SITUATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 5/14/2020, by ROBERT L.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PINE 43 NO. 2—FP H-2020-0059
Page 1 of 3
Meridian City Council Meeting Agenda July 21,2020— Page 252 of 590
KAZARINOFF, PLS, SHEET I OF 7," 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 July 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 Wendy Shrief, 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 PINE 43 NO. 2—FP H-2020-0059
Page 2 of 3
Meridian City Council Meeting Agenda July 21,2020— Page 253 of 590
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 21st day of
July , 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: Charlene Way Dated: 7-21-2020
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PINE 43 NO. 2—FP H-2020-0059
Page 3 of 3
Meridian City Council Meeting Agenda July 21,2020— Page 254 of 590
EXHIBIT A
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/7/2020 R-�
Legend
DATE: ff 1
TO: Mayor&City Council RU
FROM: Sonya Allen,Associate Planner
R 1
208-884-5533 R R-1
-L L
SUBJECT: H-2020-0059
Pine 43 No. 2 R- RE� R T 1;
LOCATION: East side of N. Locust Grove Rd., 1/4 mile R
-T
south of E. Fairview Ave., in the NW 1/4 R1 R- C.
of Section 8,Township 3N.,Range IE.
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I. PROJECT DESCRIPTION
Final plat consisting of 57 buildable lots and 3 common lots on 8.69 acres of land in the C-G and R-
15 zoning districts.
II. APPLICANT INFORMATION
A. Applicant:
Dan Torfin,C&O Development, Inc. 250 S. Beechwood Ave., Ste. 120,Boise, ID 83709
B. Owner:
C&O Development, Inc.—250 S. Beechwood Ave., Ste. 120,Boise,ID 83709
C. Representative:
Wendy Shrief,J-U-B Engineers,Inc. —250 S. Beechwood Ave., Ste. 201, Boise, ID 83709
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat(H-2017-0058)in accord with the requirements listed in UDC 11-6B-3C.2.
In order for the proposed final plat to be deemed in substantial compliance with the approved
preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the
amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of
buildable lots has decreased by 6 and the common open space area is substantially the same;
Page 1
Meridian City Council Meeting Agenda July 21,2020— Page 255 of 590
therefore, Staff deems the proposed final plat to be in substantial compliance with the approved
preliminary plat as required.
IV. DECISION
Staff recommends approval of the proposed final plat with the conditions noted in Section VI of
this report.
V. EXHIBITS
A. Preliminary Plat(dated: 8/28/2017)
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B. Final Plat(dated: 5/14/20)
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Meridian City Council Meeting Agenda July 21,2020— Page 259 of 590
C. Landscape Plan(dated: 05/01/2020)
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Meridian City Council Meeting Agenda July 21,2020— Page 261 of 590
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall meet all terms of the approved annexation(AZ-07-006),Development Agreement
(Inst. #108022893,amended Inst. #2018-000751),rezone and preliminary plat(H-2017-0058)
applications approved for this site.
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 J-U-B Engineers,Inc., stamped by Robert L.Kazarinoff, dated:
5/14/2020,included in Section V.B shall be revised as follows:
a. Note#11: Include the recorded instrument number of the Development Agreement(#2018-
000751).
b. Note#12: Include the recorded instrument number of the ACHD License Agreement.
c. Depict the street buffers on the C-G zoned property on Lots 40 and 41,Block 3 along N.
Locust Grove Rd. and E. State Ave. in a common lot or on a permanent dedicated buffer
called out as such,with a note stating they will be maintained by the property owner or
business owners' association in accord with UDC 11-3B-7C.2.
A copy of the revised plat shall be submitted for City Engineer signature.
5. The landscape plan prepared by Rodney Evans+Partners, dated 05/01/2020,included in Section
V.C, shall be revised as follows:
a. Revise the"open style"fencing along the north boundary adjacent to the Jackson Drain to be
wrought iron in accord with preliminary plat condition#1.1.2a and Development Agreement
provision#5.1.5.
6. 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.
7. All fencing shall comply with the standards of UDC 11-3A-7C.
8. 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 street light plan will need to be included in the Subdivision construction plan set. Street light
plan requirements are listed in section 6-7 of the City's Design Standards. Type 1 streetlights
are required every 200'on Locust Grove. Streetlights are required on all other public roads.
2. The water main in the alley must be extended east and tied into the water main in N. Scots Pine
Avenue(Pine 43 No 1).
Meridian City Council Meeting Agenda July 21,2020— Page 262 of 590
3. Eliminate the sanitary sewer and water mainline extensions into the future parking area off the
north end of N. Summerbrook Avenue. Instead, services should be extended from the
mainlines within the public right-of-way.
General Conditions:
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
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Meridian City Council Meeting Agenda July 21,2020— Page 263 of 590
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC 11-1-4B.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 I I" 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.
23. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
24. 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.
25. 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.
Meridian City Council Meeting Agenda July 21,2020— Page 264 of 590
26. 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.
27. 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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Meridian City Council Meeting Agenda July 21,2020— Page 265 of 590
EXHIBIT B
Charlene Way
From: Sonya Allen
Sent: Tuesday, June 30, 2020 1:07 PM
To: Adrienne Weatherly; Charlene Way; Chris Johnson
Cc: Keith Morse; dan@da-land.com; Wendy Shrief; Bruce Freckleton
Subject: RE: Pine 43 Sub. #2 - FP Applicant Response to Staff Report
From:Wendy Shrief<wshrief@jub.com>
Sent:Tuesday,June 30, 2020 12:45 PM
To: Sonya Allen <sallen@meridiancity.org>; Bruce Freckleton <bfreckleton@meridiancity.org>
Cc: Keith Morse<kmorse@jub.com>; dan@da-land.com
Subject: RE: Pine 43 Sub. #2
E terria l Sender - Please use caution with links or attachments.
Sonya,
We are in agreement with all conditions in the Pine 43 Sub#2 staff report and we would like to request to be placed on
the Consent Agenda at the next Meridian Council hearing.
Wendy
Wendy Kirkpatrick Shrief,AICP
Planner
J-U-B ENGINEERS,Inc.
250 S. Beechwood Avenue,Suite 201, Boise, ID 83709
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c 208 559 1760
Upcoming Out of Office: July 6-10
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Meridian City Council Meeting Agenda July 21,2020— Page 266 of 590