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Z - Signed Order Item#8. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 4, 2021 ORDER APPROVAL DATE: MAY 18, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 45 BUILDING ) CASE NO. FP 2021-0014 LOTS AND 5 COMMON LOTS ON ) 12.74 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT WHITECLIFFE ESTATES ) SUBDIVISION NO 3. ) BY: ENGINEERING SOLUTIONS, ) LLP ) APPLICANT ) This matter coming before the City Council on May 4, 2021 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 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 SUBDIVISION NO 3, LOCATED IN THE NE '/4 OF THE NW '/4 OF SECTION 36, TOWNSHIP 41I, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES—FILE FP 2021-0014 Page 1 of 3 Page 136 Item#8. COUNTY, IDAHO, 2021, HANDWRITTEN DATE: MARCH 4, 2021, by CLINTON W. HANSEN, PLS, SHEET I 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 May 4, 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 Shari Stiles, 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 WHITECLIFFE ESTATES—FILE FP 2021-0014 Page 2 of 3 Page 137 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 18th day of May 2021. By: Robert E. Simison 5-18-2021 Mayor, City of Meridian Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-18-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES—FILE FP 2021-0014 Page 3 of 3 Page 138 EXHIBIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/4/2021 Legend DATE: �` TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner EWA 208-489-0573 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: FP-2021-0014 Whitecliff Estates Final Plat No. 3 LOCATION: The site is located at 943 W. McMillan Rd.,in the NE '/4 of the NW '/4 of Sections 36,Township 4N.,Range 1W L PROJECT DESCRIPTION Final Plat consisting of 45 building lots and 5 common lots on 12.74 acres of land in the R-4 zoning district. This is the third 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: Shari Stiles,Engineering Solutions,LLP— 1029 N. Rosario St, Suite 100,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 of 45 lots was approved by Council on 4/23/2019. The second phase for 36 lots was approved by Council on July 21,2020. This phase consists of 45 building lots and 5 common lots.Amenities included with this phase include a 24,160 square foot park which includes two pathways and a shuffleball court. This park is larger than what was approved with the 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 11-613-3C.2. Because the final plat depicts less building lots,and an increase in qualified open space as what was approved with the preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 Page 139 Item#8. All development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district and UDC Table 11-2A-6 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) x omr iIIBT 8H. ha RUT P wlvro 12 y uaa e 71E wPu�lr NM FM OF!xE as sUow.ors— p ea1¢7 m P7wxulav�I�uuu! ���t wdUJN qp. Inwt!m effiwe Ir wer a&!!c�'owa w+w uaJF7� - --- - - -- — - 4ra4 + �1 Q w uz 34 11. `" #. 1 S ten• I ! 1m� 1 ;Iti 1M y I5 !�' ilr p�isf 7 wrw i w in 1 - + ] 111 17 ,I in' S • wy � Qs� - �9. IW 'I m4i. _ i • i.s- 10 II 1 l nq,. iauw �' = wr13 + irsss f It I 34 F +r,+ ill • _ M" ++ Q� M Yr61 - .M+ _ .� II IZ 75 7• r 1i 76 ii 18 79 20 r r rI �,� VWx _wr _ .� I �... 4...• ziMY• _ . bae. _ . i`rn. 4�. _« i '"` I � yv NO • L_ II 4' x Ti+IE iYQ4 IXi Page 2 Page 140 B. Final Plat(date: 3/4/2021) WOMME EST673 M14M W.P SK I is,P&ZS mq-17MI �OKT tF LBAP UWAL BEGMING .77—JUT 7 .74 SIT mm 1 0047 0 am Ir jr? 0970 Of 021r If EIL(XK I? uu$ PY19-45,'y J� Li 47. mw!-e- W.MA ST.. L v- 30 SCE WE ii F!- fie_ II illm'r 25. 6. -17 I" W,79—1 19 NO 4f jjrJ I II F, 29 t 4f of Nn Nf 1`0142 32 J 211 I 11 1 V.�e ___Ww --JW45'55'.- ULM 6 33 near WON 4 0 MMIfE ESTATES SIN w PC 1 27 M15�f � 145, :-j 7 20 BLOCK 13 WZ5 le j 25. M25 9 If 1 IBL K $24 86M BV5 4- j-19F 37 EPL= 4 L... _I a aad' Kati r Z. 23 MV�f 15 1% aaw ,r.__1fty4dZ'N­­ 4% 44 -49 1 22 W -Ilk LIS L12 if TENB7'#655'Yf 1d500 1" alb 'l IE ME FEATHER M jo 1 v MM4%'E 103 F. 42 ow o IHMXFn EMMS MIGUYISIM Q 41 5­1 111k PAM 1795A-17W -SEE DETAIL. SHEFT 2 MAS if j z 9m 4ir W.SYMY ST_ WTE T IAMG UP Cf NODIAm i ! c 5mrrh sT5—Ur 17.LU . I r P&Th C9 107R 4D ImIT1dFFE EMTE&9.M%196r rift 2 BK—ph75—-— Page 3 Item#8. C. Color Preliminary Plat Landscape Plan(date: 7/8/2020) t— k3s IV. McMLLM Rk *74A-,Ew. 710t, 63 L%XUECAPE lurt.v { ENTF YT InLki� YA'f 1e Y4 J-�J'ryrl�.l TO TICS k 5 O M/PS 221. lw. : 41 d 5 6 a I I �kd { I PM�3 rt,F,' gHA3 �. rams FM rr(pP 14 3 8 14 39 19 Iw FLar�acu 12 E 1° 9�CL'Lr3L5 9 35 F g w9510`a g PKk9E 3 34 I 14 33 I 2v f 7S 7� 28 2p f `4 1� I� 7 —— I '.9 i9 7 !ei 22 g3 11 nx Fh Y r la 3 5 7 B 4 IQ 7 2 3 3 fi a �— S I m WLLrah FAF 6hLDr4N PMWd 'AP.£JI5r1-.r.+J W. h tw=1 1-,,Ir 1 hp t Page 4 Page 142 Item#8. D. Final Plat Landscape Plan North(date: 3/20/21) li - - --- - - -- -c�L--— - -- - - -9 --- -- 6roR__--- - ——— -- I ----'¢------ ---- lid ��. iOLo'.tnti I .r{JR F� F+HSE I.'hF7 I I ° a'M rn1 IP 9 4 I AHTL FEWE E 5 L elrr Ly{rm� MSA — — —' W.TVA ST- ,..0 :.. . .. ill �: I.IH.. .- •t 41 :s�k"•iY1'A F.. .... g' �� I S 8'FR rAm r1HSEE 11 L i. +4. I 1'r 4:xIT �Ir Le:Trr� k +a V•Nil f i 4,I1 I III I F+WA f1TYl f { '. =I I IWI, I I 5 1 .4 }I �. aiiz Lnllr.nli . L� F3 I �€ 12 I LL I 57 I I I I I I BMIEiEH1 k7H - c"bxr1=H l7H xe Hrn�lrn NIT 1 F 117 OIL• aT 131n1:1 I I I } IUF.• 33 I I I 12 . II MATCHLINE L1 13 I M MATCHLINE L2 Page 5 Page 143 Item#8. D.1 Final Plat Landscape Plan South(date: 3/20/21) MMTCHLINE Li j I j e Iiiil QHL7 6 Jill I lii 111 --- I I F�� — I I' li I ii i t I ' 1 1]RlrtlrtVTl Fi1RGL 1-�F1[59.EGIVHILH 1 11 11 11 1 11. BLOCX{ 25 � rtiu rear JJ '. I 3vR ' TD rNi+[w�EP m 5p"' III s T« W.BLUE FEATHERLR ? II - I *IL^4 T r i�- -———y•J>I 'rT LI'��I- - �z: s•x*� ;:'"-fir' / 43 � —Rim-------s. BLOCK 5 lY.SMIIl4YS7 Y9® LFL +! — f _ v �5-IH `yam S��} 4RP- ii Page 6 Page 144 Item#8. 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). 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the date of approval of the preliminary plat, OR within two(2)years of the date of City Engineer signature on the previous final plat phase(January 17,2022)in accord with UDC I 1-613-7, in order for the preliminary plat to remain valid or a time extension may be requested. 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 3/20/2021, is approved as submitted. 5. The final plat prepared by Clinton Hansen, Land Solutions, dated 3/04//21 shall be revised as follows: a. Add the instrument number to Note 12. b. Add the book and page number, and storm drainage easement instrument number to the call-outs near Lot 39 Block 5. 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. Prior to signature on the final plat,the applicant shall submit a copy of the final street name evaluation from Ada County. 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. Page 7 Page 145 Item#8. 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 11-313-14A. 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 Page 8 Page 146 Item#8. 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 11-1-413. 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 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 Page 9 Page 147 Item#8. 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 other applicable law or regulation. Page 10 Page 148 Item#8. From: Shari Stiles To: Alan Tiefenbach Cc: Bill Parsons;Becky McKay Subject: RE:Whitecliffe 3 Date: Wednesday,April 7,2021 5:28:33 PM External Sender-Please use caution with links or attachments. Alan: Shown below is the motion of the Meridian City Council for Whitecliffe Subdivision. The requirement was clearly removed. Palmer: I move we approve H-2018-0074, waving the requirement to tile the canal, providing the waiver or whatever it would be necessary to be able to make the connection to McMillan. Removing the requirement to construct the micropath discussed on the west side and not requiring the fencing of the irrigation pond. From: Alan Tiefenbach <atiefenbach@meridiancity.org> Sent:Tuesday, April 6, 2021 4:18 PM To: Shari Stiles<Sharis@engsol.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Becky McKay<Beckym@engsol.org> Subject: RE: Whitecliffe 3 Sheri, Attached are the approved findings. This is the record of what was approved. The Council summary of discussion shows there was "no change to the staff/commission recommendations" (Page 6). The Commission recommendations include "Prior to Council hearing, the applicant shall coordinate with the adjacent HOA to see if they are amenable to having a pathway connection to their common lot." (Page 5). This indicates to me that there was some discussion about this topic. On pages 16 & 17, the plat and the landscape plan indicate a connection.This is shown on the approved plans.These are what I must follow. Page 149 Item#8. Perhaps the planner who worked on the preliminary plat did not remove from the plans that the connection issue had been resolved. However, if it was, I am not sure of this. That said, I will include this in the case file that I discussed this issue with you and the applicant is indicating it was discussed and the adjacent HOA does not want this connection. Alan Tiefenbach I Current Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 Built for Business, Designed for Living From: Shari Stiles<SharisPengsol.org> Sent:Tuesday, April 6, 20214:04 PM To:Alan Tiefenbach <atiefenbach(@meridiancity.org> Cc: Bill Parsons<baarsons(@rneridiancity.org>; Becky McKay<Beck)zml@engsol.org> Subject: RE: Whitecliffe 3 External Sender-Please use caution with links or attachments. Alan: That is not a condition of approval, it was part of the public hearing process, and the Cobblefield Crossing neighbors have no interest in connecting their private open space with our pathway. It was part of the discussion and was handled before we even got to the P&Z Commission. The Meridian City Council realized they cannot require a public pathway to be connected to private pathways and open space. Please do not mistake summary and analysis from the staff reports to be conditions of approval. From: Alan Tiefenbach <atiefenbachl@meridiancity.org> Sent:Tuesday,April 6, 2021 3:35 PM To: Shari Stiles<Sharisl@engsol.org> Subject: Whitecliffe 3 Shari, Page 150 Item#8. I'm reviewing the Whitecliffe Estates No 3 Final Plat. At the Planning Commission and City Council meetings for the preliminary plat, a condition of approval was for the applicant to contact the adjacent HOA (Cobblefield Crossing) in regard to whether they would allow a pedestrian connection between Lots 6&7, Block 8 and their open space to the west.This connection is shown on the approved preliminary plat and landscape plan. I am assuming there was some discussion regarding that connection should remain. Did someone contact them?As the pathway was approved with the preliminary plat, unless we have something from the adjacent HOA, this needs to be added to the final plat and final plat landscape plan. Alan Tiefenbach Current Associate Planner City of Meridian Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 I1 � 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. Page 151