Z - Signed Order Item#11.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: FEBRUARY 16,2021
ORDER APPROVAL DATE: MARCH 2, 2021
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 38 BUILDING ) CASE NO. FP-2021-0002
LOTS AND 6 COMMON LOTS ON )
7.91 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL
ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT
IMPRESSIVE EAST RIDGE #2 )
BY: CONGER GROUP )
APPLICANT )
This matter coming before the City Council on February 16, 2021 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"IMPRESSIVE EAST RIDGE SUBDIVISION NO. 2
LOCATED IN THE SW1/4 OF THE SE1/4 OF SECTION 32, T. 3 N., R. 1 E.,
B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020 HANDWRITTEN
DATE: 1/20/2021, by JEFF BEAGLEY, PLS, SHEET 1 OF 1," is conditionally
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR IMPRESSIVE EAST RIDGE SUBDIVISION#2 FP 2021-0002
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Item#11.
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 February 16, 2021, 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 IMPRESSIVE EAST RIDGE SUBDIVISION#2 FP 2021-0002
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Item#11.
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 2nd day of
March , 2021.
By:
Robert E.Simison 3-2-2021
Mayor, City of Meridian
Attest:
Chris Johnson 3-2-2021
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 3-2-2021
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR IMPRESSIVE EAST RIDGE SUBDIVISION#2 FP 2021-0002
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Page 149
►tem#". EX H I BIT A
STAFF REPORT E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 2/16/2021 Legend U
DATE: `x '
leiPraject Lnonfor
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
SUBJECT: FP-2021-0002
Impressive East Ridge Subdivision No.
2 Final Plat `
LOCATION: North side of E. Lake Hazel Rd.between
S. Locust Grove Rd. and S. Eagle Rd. in
the southeast%4 of Section 32, Township r{'
3N.,Range IE. ----- -----
1. PROJECT DESCRIPTION
Final plat consisting of 38 buildable lots, 6 common lots 1 private street and 2 common drive lots on
7.91 acres of land in the R-15 zoning district. The Director has approved the private street application
which includes the private streets for the entire R-15 portion of the development and Lot 17,Block 2
(S. Jado Lane)platted with Impressive East Ridge Subdivision No. 1.
II. APPLICANT INFORMATION
A. Applicant/Representative
Sophia Durham, The Conger Group—4824 W. Fairview Ave.,Boise ID 83706
B. Owner:
C4 Land LLC—PO Box 1610,Eagle ID 83616
III. STAFF ANALYSIS
The annexation,preliminary plat and development agreement for this development was approved by
City Council on November 2017 as the East Ridge Estates Subdivision(H-2017-0129). The approved
project allows the construction of a residential subdivision consisting of one hundred thirty-nine(139)
residential lots and seven(7)common lots.The Final Plat for Phase One(Impressive East Ridge No.
1)was approved by the Council on July 17, 2019. The majority of homes in this phase have been
built.
In November of 2020,the City Council approved an amendment to the development agreement(H-
2020-0096). This was due to a request of the applicant to make changes to the configuration of the
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Item#11.
plat and landscape plan,replace a required clubhouse amenity with a dog park, outdoor ramada
(shade structure), and water feature, and eliminate a number of requirements that were originally
established to address concerns of an adjacent property owner to the west who has since sold their
property. The ramada and water feature are shown on an amenity exhibit as being constructed with
this plat, although they are not labeled on the landscape plan. The dog park is reflected on the
landscape plan.
Gated private streets are proposed with Phase Two. UDC 11-3F-4 lists the design standards which
are required for private streets. The preliminary plat proposed common driveways off private streets,
whereas this is prohibited by UDC I I-3F-4-6. Alternative compliance is allowed from the design and
construction standards, and at the time of the preliminary plat the applicant was granted alternative
compliance to allow the common driveways. It should be noted the road configuration with the
preliminary plat proposed numerous common driveways off private streets,whereas the current
proposal only includes one common drive. The applicant submitted private street sections that comply
with all remaining requirements of UDC I I-3F4, except a maintenance agreement that meets the
requirements of UDC 11-3F-3B.4 was not submitted. This is recommended as a condition of
approval.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat and modified development agreement in accord with the requirements listed in UDC 11-6B-3C.2.
Because the final plat exactly matches what was approved with the modified development agreement,
does not increase the number of building lots and contains the same amount of qualified open space,
Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as
required.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of
this report and the private street Findings Section VII approved by the Director.
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Item#11.
V. EXHIBITS
A. Preliminary Plat as Approved with Amended DA(date: 10/23/2020)
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B. Final Plat(date: 1/20/2021)
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C. Landscape Plan(date: 9/22/2020)
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D. Open Space Exhibit(date: 10/23/2020)
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E. Common Drive Exhibit(date: 7/14/2020)
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E. Emergency Access Exhibit(date: 1/5/2021)
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G. Amenity Details(date: 1/5/2021)
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Item#11.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Applicant shall meet all terms of the approved annexation,preliminary plat(H-2017-0129)
applications approved for this site and modified development agreement(H-2020-0096).
2. The applicant shall obtain the City Engineer's signature on the final plat by May 13, 2021 in
accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension
may be requested.
3. Prior to City Engineer signature on the final plat, the applicant shall provide documentation of a
binding contract that establishes the party or parties responsible for the repair and maintenance of
the private street, including regulations for the funding thereof per UDC 11-3F-3. Said agreement
shall include the entire R-15 portion of the development and Lot 17, Block 2 of Impressive East
Ridge Subdivision No. 1
4. The final plat prepared by Sawtooth Land Surveying,LLC., dated January 2021 by Jeff Beagley,
shall be revised as follows:
a. Add a note which states"All product in Impressive Ridge Subdivision No 2 shall be single
level with a maximum roof height of 25'."
b. Note#4: add"and development agreement Instr. 2018 as modified by MDA H-2020-0096."
c. Note#10: Revise to read"development agreement Instr. 2018 as modified by MDA H-2020-
0096."
d. Add a note with the amended development agreement H-2020-0096 instrument number.
5. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If
permanent fencing does not exist at the subdivision boundary,temporary construction fencing to
contain debris shall be installed around this phase prior to release of building permits.
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. Future homes constructed in this phase shall be consistent with the approved elevations contained
in modified development agreement H-2020-0096.
8. The development shall comply with standards and installation for landscaping as set forth in UDC
11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13.
9. Prior to the City Engineer's signature, the applicant shall obtain approval from the Post Master of
the proposed mailbox location(s).
10. All private streets shall be constructed in compliance with UDC 11-317-4. For the purposes of this
application, the applicant shall only construct the portion of the private street in accord with this
phase. The reminder of the streets shall be constructed with a subsequent phase.
B. PUBLIC WORKS
A. Public Works
Site Specific Conditions:
1. Provide detail or note indicating access path over manhole meets City's minimum requirements.
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2. Need access path per City's requirements to access SSMH E-1.
3. Angle of pipe into and out of manholes must be 90-degrees minimum. SSMH B-4 does not meet
this. Adjust accordingly.
4. The sanitary sewer mainline from Manhole B-4 to B-5 as well as Manhole B-5 in the Common
Driveway need to be private,and will be the responsibility of the HOA.This mainline and manhole
shall be labeled on the construction plans as "private", and this manhole shall also be required to
have a lid that states"Private Sewer".
5. Given the private nature of this development's streets, a public street light plan is not required. If
roads are changed to public, a streetlight plan will be required.
General Conditions:
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
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Item#11.
agreement may be approved as set forth in UDC 11-5C-3C.
14. 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.
15. 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.
16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
17. Developer shall coordinate mailbox locations with the Meridian Post Office.
18. All grading of the site shall be performed in conformance with MCC 11-1-4B.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
26. Any existing domestic well system within this project shall be removed from domestic service per
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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.
27. 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.
28. 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.
29. 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.
VII. FINDINGS
Private Streets(11-3F-5)
In order to approve the application,the director shall find the following:
1. The design of the private street meets the requirements of this article;
The applicant has submitted street sections which comply with all design requirements,
except a maintenance agreement which meets the requirements of UDC 11-3F-3 was not
submitted.
2. Granting approval of the private street would not cause damage,hazard, or nuisance, or other
detriment to persons,property, or uses in the vicinity;
Private streets and numerous common driveways were discussed during the preliminary plat
process. It was determined approval of the private streets would not cause damage, hazard,
or nuisance, or other detriment to persons,property, or uses in the vicinity.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
Location of the private streets shall not conflict with the comprehensive plan and/or the
regional transportation plan.
4. The proposed residential development(if applicable)is a mew or gated development.
The proposed development is a gated development.
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