Z - Signed Order Item#4.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: APRIL 6, 2021
ORDER APPROVAL DATE: APRIL 20, 2021
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 28 BUILDING ) CASE NO. FP 2021-0007
LOTS AND 3 COMMON LOTS ON )
4.97 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL
ZONING DISTRICT FOR DAPHNE ) APPROVAL OF FINAL PLAT
SQUARE. )
BY: MATT SCHULTZ )
APPLICANT )
This matter coming before the City Council on April 6, 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"PLAT SHOWING DAPHNE SUBDIVISION, LOCATED IN
THE SW 1/4 OF THE SW 1/4 OF SECTION 27, TOWNSHIP 4N, RANGE 1W,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(DAPHNE SQUARE—FILE FP 2021-0007)
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Item#4.
HANDWRITTEN DATE: FEBRUARY 14, 2021, by GREGORY G CARTER,
PLS, SHEET 1 OF 1," 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 6, 2021, a true and correct copy of which is attached
hereto marked"Exhibit A" and by this reference incorporated herein, and the
response letter from Matt Schultz, 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(DAPHNE SQUARE—FILE FP 2021-0007)
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Page 82
Item#4.
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
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 20th day of
April
2021.
By:
Robert E. Simison 4-20-2021
Mayor, City of Meridian
Attest:
Chris Johnson 4-20-2021
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 4-20-2021
Charlene Way
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(DAPHNE SQUARE—FILE FP 2021-0007)
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Item#4.
EXHIBIT A
STAFF REPORTC�WE IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 4/6/2021 Le g e n d
DATE:
Fro:e�- Locflfian
TO: Mayor&City Council
uliin ,
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
SUBJECT: FP-2021-0007
Daphne Square Final Plat -
LOCATION: 4700 W.McMillian Rd.
NE corner ofN. Black Cat Rd and W. slum
McMillan Rd.
' o
I. PROJECT DESCRIPTION
Final plat consisting of 28 buildable lots and 3 common lots on 4.97 acres of land in the R-15 zoning
district,developing in a single phase.
II. APPLICANT INFORMATION
Applicant/Representative:
Matt Schultz, Schultz Development—8421 S. Ten Mile Rd.,Meridian,ID 83642
A. Owner:
Joe Atalla,Berkeley Communities,LLC—2275 S. Eagle Rd#185,Meridian, ID 83642
III. STAFF ANALYSIS
The annexation,zoning,development agreement and preliminary plat for this development were
approved by City Council on January 19,2021 (H-2020-0 10 1,DA Instr. #2021-034930). The
preliminary plat consisted of 30 building lots and 3 common lots. All lots within the development
comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-15 zoning district.
At the January 19,2021 City Council meeting,the Council added a condition that the Applicant shall
increase quality open space and amenities by one or both options:
1. Coordinate with Brody Square representatives to locate a playground amenity in the central park
in Lot 9, Block 3 and allow shared open space and amenities for residents of both subdivisions;
or,
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Item#4.
2. Convert Lot 1, Block 2 of Daphne Square Subdivision into common open space.
The applicant responded in a February 25, 2021 email that the representative for Brody Square
Subdivision stated they did not have the room for additional playground equipment in the central park
in Lot 9, Block 3. Accordingly,the final plat indicates the additional open space as required in Option
2 (now shown as Lot 2 of Block 2). This results in slightly more useable open space than the
approved preliminary plat.
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 does not
increase the number of building lots and sees a slight increase in the 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.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this
report.
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Item#4.
V. EXHIBITS
A. Preliminary Plat(date: 1/15/2021)
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G. Final Plat Landscape Plan(date: March 1,2021)
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�rem#4. Daphne Square - Brady Square
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Item#4.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #
2021-034930)and preliminary plat(H-2020-0 10 1) applications approved for this site.
2. The applicant shall obtain the City Engineer's signature on the subject final plat by February
2,2023,within two years of the City Council's approval of the preliminary plat; or apply for
a time extension,in accord with UDC 11-613-7.
3. Prior to City Engineer signature on the final plat,the final plat prepared Idaho Survey Group
LLC, stamped by Gregory G Carter, dated: 02/14/2021, included in Section V.B shall be
revised as follows:
a. Add"City of Meridian"to Note#2.
b. Add Lot 2,Block 2 to Note# 5.
c. Add a note which states"Rear setbacks of all homes in Lots 1-14,Block 1 shall be 20
feet. "
4. The landscape plan prepared by Breckon Landscaping, stamped by Jon Breckon on March 1,
2021 is approved as submitted.
5. Future development shall be consistent with the R-15 dimensional standards listed in UDC
Table 11-2A-6.
6. 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.
7. Developer shall comply with all ACHD conditions of approval.
8. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
9. 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.
10. Per UDC 11-513-8, administrative design review is required for all new attached residential
structures containing 2 or more units.
11. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit.
12. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3,including but not limited to cul-de-sacs, alleys,driveways, common
driveways, easements,blocks, street buffers, and mailbox placement
13. Staffs failure to cite specific ordinance provisions does not relieve the applicant of
responsibility for compliance.
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Item#4.
B. PUBLIC WORKS
Site Specific Conditions:
1. The street light plan submitted with the construction plans appear to meet city requirements based
on a preliminary review. The Type 1 Streetlight nearest the intersection is not required due to
upcoming improvements from ACHD.
2. The slope between sewer manholes SSMH2 and SSMH4need to be 0.6%, since this is a dead end.
3. The water main dead-end in the cul-de-sac needs to extend west and connect out to Black Cat to
provide a dual connection.
4. The geotechnical investigative report for this development,prepared by ATLAS Materials
Testing&Inspection, dated 08/17/2020 indicates some very specific construction considerations,
such as ensuring that the bottom of crawl spaces must be elevated at least 2-feet above seasonal
groundwater elevation, and the installation of foundation drains. Foundation drains are not
allowed to discharge into the sanitary sewer, or the sanitary sewer/water service line trench. The
applicant shall be responsible for the adherence of these recommendations to help ensure that
groundwater does not become a problem within crawlspaces of homes.
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 11-313-14A.
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 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.
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Item#4.
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 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. 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 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
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Item#4.
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 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.
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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Item#4.
From: Matt Schultz
To: Alan Tiefenbach
Subject: Fw: Daphne Square Playground
Date: Thursday,March 25,2021 10:05:05 PM
External Sender-Please use caution with links or attachments.
I looked back through our emails...and see below. this happened after our submittal and then
we swapped out the final plat and landscape plan to drop the building lot and add a common
lot.
Matt Schultz
Schultz Development LLC
(208) 880-1695
----- Forwarded Message-----
From: Matt Schultz<schultzdevelopment@yahoo.com>
To: Alan Tiefenbach <atiefenbach@meridiancity.org>
Sent: Thursday, February 25, 2021, 09:02:01 AM MST
Subject: Daphne Square Playground
Alan,
apparently, Brody Square doesn't quite have the room for the proposed playground for Daphne
Square. Just found out last night, so I emailed the landscape architect, surveyor, and engineer
to make the revisions to our plat/plans. We are now dropped to 28 building lots and 1 extra
common lot. It will probably take a week to get the revisions back to you. oh well, we tried
to do the right thing.
thanks
Matt Schultz
Schultz Development LLC
(208) 880-1695
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