Whitecliffe Estates No. 2 H-2020-0070 Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JULY 21, 2020
FINDINGS APPROVAL DATE: AUGUST 4, 2020
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 36 BUILDABLE ) CASE NO. H-2020-0070
LOTS AND 4 COMMON LOTS ON )
9.89 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL
ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT
WHITECLIFFE ESTATES NO. 2 )
BY: 943 W. MCMILLAN ROAD )
LLC, )
APPLICANT )
This matter coming before the City Council on August 4, 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 WHITECLIFFE ESTATES NO. 2,
LOCATED IN THE NE '/4 OF THE NW '/4 OF SECTION 36, TOWNSHIP 4N.,
RANGE 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY,
IDAHO, 2020, HANDWRITTEN DATE: 5/21/2020, by CLINTON W.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR WHITECLIFFE ESTATES No. 2—FP H-2020-007
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HANSEN, SHEET I 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 July 21, 2020, a true and correct copy of which is attached
hereto marked"Exhibit A" 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.
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR WHITECLIFFE ESTATES No. 2—FP H-2020-007
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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 4th day of
August , 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: 8-4-2020
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR WHITECLIFFE ESTATES No. 2—FP H-2020-007
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STAFF REPORT C�WEIIt�
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/21/2020 legend M
DATE:
lei Laca�iar
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
i
SUBJECT: H-2020-007
Whitecliffe Estates No. 2
LOCATION: The site is located at 943 W. McMillan
Rd.,in the NE 1/4 of the NW 1/4 of Section
36,Township 4N.,Range 1W
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I. PROJECT DESCRIPTION
Final Plat consisting of 36 building lots and 4 common lots and one other lot on 9.89 acres of land in
the R-4 zoning district. This is the second phase of the Whitecliffe Estates Subdivision.
II. APPLICANT INFORMATION
A. Applicant/Owner
Todd Amyx, 943 W.McMillan Road— 13967 W. Wainwright Dr, Suite 102,Boise ID 83713
B. Representative:
Becky Mckay, Engineering Solutions, LLP— 1029 N.Rosario St, Suite 110,Meridian ID 83642
III. STAFF ANALYSIS
The preliminary plat for this development was approved by City Council on 9/18/2018. The
preliminary plat consisted of 128 building lots and 10 common lots. The final plat for the first phase
was approved by Council on 4/23/2019. This is the second phase,consisting of 36 building lots and 4
common lots on 9.89 acres.
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. Because the final plat depicts one less
building lot and the same amount of qualified open space as shown on the approved preliminary plat,
Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as
required. Two sections of pathways in Common Lots 20 and 16 of Block 5 are included with this
final plat. Due to the sewer easement in Lot 20, staff supports the applicant transferring the trees that
were required in Lot 20 into Common Lot 16 instead.
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All development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the
R-4 zoning district.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of
this report.
V. EXHIBITS
A. Preliminary Plat(date: 5/23/2018)
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B. Final Plat(date: 6/8/2020)
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C. Final Plat Landscape Plan West(date: 7/16/2020)
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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-2018-0074,Development Agreement#2018-111711, H-2019-0033).
2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years
of the City Council approval of the preliminary plat. In the event that the development of the
preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms
substantially to the approved preliminary plat, such segments, if signed by the city engineer
within successive intervals of two(2)years,may be considered for final approval without
resubmission for preliminary plat approval. (Whitecliffe Estates Subdivision No. 1 final plat was
signed by the City Engineer on January 17, 2020,making the deadline for signature January 27,
2022.)
3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The landscape plan prepared by Jensen Belts Associates, dated 5/21/2020, is approved as
submitted.
5. The final plat prepared by Clinton Hansen,Land Solutions, dated 5/21//20 is approved as
submitted.
6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not
relieve the Applicant of responsibility for compliance.
7. Prior to the issuance of any building permits, the property shall be subdivided in accordance with
the UDC.
8. The applicant shall comply with the common drive exhibit attached as Exhibit V.C.
9. Future development shall be consistent with the conceptual building elevations included in the
Development Agreement.
10. 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.
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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.
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
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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.
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
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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.
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