Aviator Spring Subdivision FP-2022-0013 Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 18, 2022
ORDER APPROVAL DATE: JUNE 7, 2022
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 95 BUILDING ) CASE NO. FP-2022-0013
LOTS (93 RESIDENTIAL AND 2 )
COMMERCIAL)AND 13 COMMON ) ORDER OF CONDITIONAL
LOTS ON 25.35 ACRES OF LAND ) APPROVAL OF FINAL PLAT
IN THE R-8 AND L-O ZONING )
DISTRICTS FOR AVIATOR )
SPRINGS SUBDIVISION NO. 1. )
BY: THE LAND GROUP,INC. )
APPLICANT )
This matter coming before the City Council on May 18, 2022 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 AVIATOR SPRINGS SUBDIVISION,
LOCATED IN THE NE 1/4 OF THE SE '/4 OF SECTION 32, TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 4/7/2022, by JAMES R.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATOR SPRINGS NO. 1 FP-2022-0013
Page I of 3
WASHBURN, PLS, SHEET 1 OF 5," 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 18, 2022, 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 Adams, The Land Group, Inc., 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 AVIATOR SPRINGS NO. 1 FP-2022-0013
Page 2 of 3
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 7th day of
June , 2022.
By:
Robert E. Simison 6-7-2022
Mayor, City of Meridian
Attest:
Chris Johnson 6-7-2022
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 6-7-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATOR SPRINGS NO. 1 FP-2022-0013
Page 3 of 3
Item#7.
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING 5/18/2022 Legend
DATE: ff
TO: Mayor&City Council
I i��fl��,
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: FP-2022-0013
Aviator Springs No. 1
LOCATION: 3235 N. McDermott Rd.,in the SE 1/4 of
Section 32,TAN.,R.IW. �
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I. PROJECT DESCRIPTION
Final plat consisting of 95 buildable lots(93 single-family residential&2 commercial)and 13
common lots on 25.35 acres of land in the R-8 and L-O zoning districts for the first phase of Aviator
Springs Subdivision.
II. APPLICANT INFORMATION
A. Applicant:
Matthew Adams, The Land Group,Inc. 462 E. Short Drive, Ste. 100, Eagle,ID 83616
B. Owner:
Steven Benson,AG EHC 11(LEN)Multi State 2,LLC—8585 E. Hartford Dr., Ste. 118,
Scottsdale,AZ 85255
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat(H-2021-0065)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. There is no change to the number of buildable lots or
Page 1
Page 116
Item#7.
amount of common open space; 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: 12/2/2021)
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B. Final Plat(dated: 4/7/22)
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C. Landscape Plan(dated: 04/7/2022)
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Item#7.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst.
#2022-026378) and preliminary plat(H-2021-0065)applications approved for this site.
2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years
of City Council's approval of the preliminary plat(by February 8,2024); 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 The Land Group, stamped by James R. Washburn, dated: 4/7/2022,
included in Section V.B shall be revised as follows:
a. Note#6: Include Lot 9,Block 2 as a common lot.
b. Note#10: Include the recorded instrument number for the CC&R's.
c. Note#11: Include the recorded instrument number for the existing ACHD easement.
d. Note#12: Include the recorded instrument number of the ACHD license agreement.
e. Include the recorded instrument number of the City of Meridian regional pathway easement
graphically depicted on the plat.
f. Include the recorded instrument number of the City of Meridian water easement graphically
depicted on the plat.
g. Include"Phase 1"in the subdivision name.
h. Graphically depict a minimum 35-foot wide street buffer along future SH-16 in a common lot
or on a permanent dedicated easement in accord with UDC 11-3B-7C.2.
A copy of the revised plat shall be submitted with the final plat for City Engineer signature.
5. The landscape plan prepared by The Land Group, Inc., dated 4/7/2022, included in Section V.C,
shall be revised as follows:
a. In Project Calculations table, include the required number of residential subdivision trees as
set forth in UDC 11-313-7C (1 per 35',may deduct 26' for each driveway); include the
required number of trees along micro-paths as set forth in UDC 11-3B-12C.2 (one tree per
100').
b. Include the tree classification(i.e. 1, 11 or 111) in the Plant Schedule. All parkway trees should
be Class 11 in accord with UDC 11-3A-17E.
c. Include a detail of the proposed wall along the east boundary along future SH-16 that
demonstrates compliance with the standards in UDC I1-3H-4D.3.
d. All stormwater swales incorporated into required landscape areas shall comply with the
standards listed in UDC 11-3B-11 C.
e. The pathway on Lot 10,Block 1 shall be redesigned/relocated so that landscape strips are
provided on each side of the pathway in accord with the standards listed in UDC I1-3B-
12C.1.
Page 7
Page 122
Item#7.
f. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-
12C.2; include a mix of trees, shrubs,lawn and/or other vegetative groundcover.
A copy of the revised landscape plan shall be submitted with the final plat for City Engineer
signature.
6. Future development shall be consistent with the minimum dimensional standards listed in UDC
Tables 11-2A-6 for the R-8 zoning district and 11-2B-3 for the L-O zoning district.
7. The rear and/or sides of structures on lots that are visible from future SH-16 shall incorporate
articulation through changes in two or more of the following: modulation(e.g.projections,
recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other
integrated architectural elements to break up monotonous wall planes and roof lines that are
visible from the subject public street. Single-story structures are exempt from this requirement.
8. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi-use
pathway within the common open space area along future SH-16 prior to submittal of the Phase 1
final plat for City Engineer signature.
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 208-887-1620 or
Susan.L.Prescott@usps.gov for more information.
10. All fencing shall comply with the standards of UDC 11-3A-7C.
11. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived
by City Council(i.e. the Eight Mile Lateral).
12. Landscaping on the non-residential lots(i.e. 9, 11 and 12,Block 1) shall be reviewed for
compliance with UDC standards with the future Certificate of Zoning Compliance application(s).
13. 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. Move streetlight currently numbered 52025 to the North side of Yoke Street.
2. Add a streetlight to the South side of West Altitude Street between streetlights currently numbered
52034 and 52039.
3. Add a note on streetlight plan that reads "All streetlights and streetlight amenities(conduit,meters,
junction boxes, etc.) shall be located within the right of way/utility easement"
4. The streetlight numbers on the plans need to be changed to the following:
55813C, 55814C, 55815C, 55816C, 55817C, 55818C, 55819C, 55820C, 55821C, 55822C,
55823C, 55824C, 55825C, 55826C, 55827C, 55828C, 55829C, 55830C.
5. Provide a 20-foot water utility easement between Pilot Court cul-de-sac and North Alameda Creek
Ave. This easement will be used to provide a location for future water looping.
6. Sewer service must be installed perpendicularly to the main, or connect at a manhole. A
supplementary document was provided in the online record for detail.
7. Do not extend sewer to the southern boundary. If manhole SSMH-23 is not needed for this
development, it can be removed.
8. Dead-end sewer mains must end in a 0.60%or greater slope.
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Item#7.
9. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement
Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees
for the entire preliminary plat area must be paid prior to city signatures on the first final plat.
10. The applicant shall be required to pay required to pay the Oaks Lift Station Pump Upgrades
Reimbursement fees in the amount of $185.43 per building lot. The aggregate amount of the
reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the
first final plat.
General Conditions:
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Applicant shall be required to pay Public Works development plan review, and construction
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Item#7.
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
20. 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.
21. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
22. Developer shall coordinate mailbox locations with the Meridian Post Office.
23. All grading of the site shall be performed in conformance with MCC 11-1-4B.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
31. 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.
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Item#7.
32. 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.
33. 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.
34. 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 11
Page 126
Item#7.
EXHIBIT B
From: Matthew Adams
To: Sonya Allen;Charlene Wav;Chris Johnson
Cc: Bill Parsons
Subject: RE:Aviator Springs No. 1 FP-2022-0013 Staff Report for May 18th Council Meeting
Date: Friday,May 13,2022 10:32:40 AM
Attachments: imaae006.Dng
External Sender-Please use caution with links or attachments.
Sonya—
We have no objections to the staff report. Thank you
principal I landscape architect
matthew t. adams
THE LAND GROUP I thelanderouoinc.com 1208.939.4041
From: Sonya Allen <sallen@meridiancity.org>
Sent:Tuesday, May 10, 2022 2:42 PM
To: Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>
Cc: Matthew Adams<matt@thelandgroupinc.com>; Bill Parsons<bparsons@meridiancity.org>
Subject:Aviator Springs No. 1 FP-2022-0013 Staff Report for May 18th Council Meeting
Attached is the staff report for the final plat for Aviator Springs No. 1. This item is scheduled to be on
the consent agenda at the City Council work session on May 18th. The meeting will be held at City
Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions.
If you are not in agreement with the provisions in the staff report, please submit a written response
to the staff report to the City Clerk's office (cityclerk(@meridiancit)l.org) and me as soon as possible
and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion.
Thanks,
Sonya Allen I Associate Planner
City of Meridian I Community Development Department I Planning Division
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 1 Direct/Fax: 208-489-0578
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