Solitude Subdivision No. 3 FP-12-011BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 63 BUILDING
LOTS AND 7 COMMON/OTHER
LOTS ON 17.9 ACRES OF LAND IN
AN R-8 ZONING DISTRICT
BY: M2 LAND, LLC
APPLICANT
HEARING DATE: JULY 17, 2012
CASE NO. FP-12-011
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on July 17, 2012 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 Department and Public Works 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:
The Final Plat of "PLAT SHOWING SOLITUDE PLACE SUBDIVISION NO.
3, LOCATED IN THE NW '/4 OF SECTION 31, T.4N., R.lE., BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2012, HANDWRITTEN
DATE: 6/18/12, PATRICK TEALEY, PLS, SHEET 1 OF 2," is conditionally
approved subject to those conditions of Staff as set forth in the staff report to the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOLITUDE SUBDIVISION N0.3 FP-12-011
Page 1 of 3
Mayor and City Council from the Planning Department and the Development
Services division of the Public Works Department dated July 17, 2012, a true and
correct copy of which is attached hereto marked "Exhibit A" and by this reference
incorporated herein, and the response letter from Becky McKay, 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
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOLITUDE SUBDNISION N0.3 FP-12-011
Page 2 of 3
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 maybe 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 r ~~ day of
I+~~t" , 2012.
~~pSBDAUDU`
Attest: D¢4 r,
$G
~ 0 ^Gty of
City Clerk
By: /~ ~~
Tammy de erd
Mayor, Ci of Meridian
SEAL W
V
GP
~~~de TPFAe~`~
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attofney.
By: U Dated: ~ 8' ~ Y
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOLITUDE SUBDIVISION NO. 3 FP-12-011
Page 3 of 3
EXHIBIT A
STAFF REPORT: Meeting Date: July 17, 2012
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
Scott Steckline, Land Development Supervisor
208-898-5500
SUBJECT: FP-12-011 -Solitude Subdivision No. 3
I. APPLICATION SUMMARY & LOCATION
E IDIAN~--
IDAHO
The applicant, M2 Land, LLC, has applied for final plat approval of 63 single-family residential building lots and
7 common area lots on 17.9 acres of land for the third and final phase of Solitude Subdivision. The proposed
subdivision is currently zoned R-8 (Medium Density Residential). The proposed plat includes 2.12 acres of open
space which consists of street buffers and a landscaped common area that contains a pathway and seepage bed.
The gross density of the final plat is 3.52 dwelling units per acre, with a net density of 6.07 dwelling units per
acre.
Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there to
be an increase in open space and 6 fewer building lots than shown on the preliminary plat. Overall, the amount of
open space provided for the subdivision exceeds the minimum required of 10%. Because the number of buildable
lots is fewer and the amount of common open space has increased, staff finds the proposed plat to be in
substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2.
The property is located on the southeast corner of E. McMillan Road and N. Meridian Road, in the NW '/4 of
Section 31, T. 4N., R. lE.
IL STAFF RECOMMENDATION
Staff recommends approval of the Solitude Subdivision No. 3 final plat subject to the conditions noted below.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council.
III. HISTORY OF PREVIOUS ACTIONS
• The City Council approved the annexation & zoning (AZ-06-007) and preliminary plat (PP-06-006) for
Solitude Subdivision on April 11, 2006. The plat contained 225 single-family residential building lots and 9
common lots on 59.88 acres of land in an R-8 zoning district. A development agreement was required with
the annexation of this property, recorded as Instrument No. 106133466.
• On September 5, 2006, City Council approved the final plat (FP-06-039) for the first phase of development
consisting of 103 single-family residential building lots and 10 common lots on 25.12 acres of land. The plat
was signed by the City Engineer on March 28, 2007.
• On October 22, 2008, the Director approved an 18-month time extension (TE-08-023) to obtain the City
Engineer's signature on the final plat for the second phase of development to expire on March 28, 2010. The
time extension was approved contingent upon the applicant mod Eying the development agreement to include
the building elevations presented at the City Council hearing for the annexation & zoning and preliminary
plat on April 11, 2006; and a revised preliminary plat in compliance with the current open space
requirements listed in UDC 11-3G-3A.1 of 10% of the total land area of the subdivision.
• On March 20, 2007, the City Council approved the final plat (FP-07-002) for the second phase of
development consisting of 52 single-family residential building lots and 6 common lots on 16.84 acres of
land. The plat was signed by the City Engineer on March 25, 2010.
Solitude Sub 3 FP-12-O1 l.doc PAGE 1
EXHIBIT A
• A modification to the development agreement (MDA-08-007) was approved by City Council on July 28, 2009
as Instrument No. 109088810. The modification included building elevations as required with approval of the
time extension.
On April 24, 2012, City Council approved a second time extension (TEC-12-007) for 2 years in which to
obtain the City Engineer's signature on the final plat for the third phase of development, to expire on April
24, 2014. The time extension was approved contingent upon the property owner posting a performance
surety with the City in the amount of 125% of the total construction cost for all incomplete sewer, water, and
re-use infrastructure prior to final plat signature. Additionally, the property owner is required to post a
warranty surety with the City in the amount of 20% of the total construction cost for all completed sewer,
water and reuse infrastructure for a duration of two years.
IV. SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved annexation (AZ-06-007), development agreement (Instrument
#106133466 & 109088810), preliminary plat (PP-06-006), final plats (FP-06-039; FP-07-002), and time
extension (TE-08-023) applications for this subdivision.
2. If the City Engineer's signature has not been obtained on the final plat by Apri124, 2014, the preliminary plat
shall become null and void unless a time extension is obtained in accordance with UDC 11-6B-7C.
3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying
acknowledgement shall be signed and notarized.
4. The plat prepared by Patrick Tealy, stamped on June 18, 2012, is approved as submitted.
5. The subject property shall be subdivided prior to issuance of any building permits.
6. The landscape plan prepared by Harvest Design, dated 6/15/12, submitted with this application shall be
revised as follows:
a. All ornamental & shade trees are required to be a minimum size of 2-inch caliper; revise the plant size of
the Coralburst Crabapple shown in the plant material schedule accordingly.
Submit (2) revised copies of the landscape plan prior to signature on the final plat by the City Engineer.
7. If permanent perimeter fencing is not installed around the perimeter of the site at the time of issuance of
building permits, temporary construction fencing is required to be installed to contain debris during
construction.
8. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention
facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated
with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space
lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated
into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate
the facility. This may require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final
construction.
9. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the
Applicant of responsibility for compliance.
IV. GENERAL REQUIREMENTS
1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross
or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works Department prior to plan approval. If lateral users association approval can not
be obtained, alternate plans will be reviewed and approved by the City Engineer.
Solitude Sub 3 FP-12-O1 l.doc PAGE 2
EXHIBIT A
2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall
be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior
to applying for building permits.
3. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as
otherwise allowed by UDC 11-SC-l.
4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or
qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler
installation, are in substantial compliance with the approved landscape plan.
5. The applicant shall provide a 20-foot easement for all public water/sewer mains (new or existing) outside of
public right of way (include all water services and hydrants). 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, 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.
6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees,
as determined during the plan review process, prior to any construction plan approval.
7. Compaction test results must be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be
required by the Army Corps of Engineers.
9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be
required by the Environmental Protection Agency.
10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act.
11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees,
being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not
be considered as replacement trees for those trees that have to be removed.
12. 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 Engineering Department at (208)898-5500
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 Contact Robert B. Whitney at (208)334-2190.
13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-
4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211.
14. 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.
15. The applicant's 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 the 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.
16. 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.
Solitude Sub 3 FP-12-O1 l.doc PAGE 3
EXHIBIT A
17. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of
the total construction cost for all incomplete sewer, water and reuse 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 surety can be
posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development
Service for more information at 887-2211.
18. 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, water and reuse infrastructure for duration of two ,~. This
surety will be verified by a line item cost estimate 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. Please contact Land Development Service
for more information at 887-2211.
19. A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life
safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the final plat.
20. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian
Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at
developer's expense. Final design shall be submitted to the Public Works Department for approved. The
street light contractor shall obtain the approved design on file and an electrical permit from the Public Works
Department prior to commencing installations. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
V. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
Solitude Sub 3 FP-12-O1 l.doc PAGE 4
EXHIBIT A
Exhibit A -Vicinity Map
Solitude Sub 3 FP-12-01 l.doc PAGE 5
EXHIBIT A
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Solitude Sub 3 FP-12-O1 l.doc PAGE 7
EXHIBIT A
Exhibit D -Proposed Landscape Plan
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Solitude Sub 3 FP-12-O1 l.doc PAGE 8
~x~~a~T ~
N~1NE~~'1NG
planr~andengine~nng comm+tniUes lartbe lUture
tIL~'T/~lNSctp
! 029 N. Rosario Street, Suite I QO
Meridian, ID 83642
Phone: (208):938-0980
Fax: ~zo8> 938-0941
E-mail: es-beckym~gwestoffica.net
July 16,2012
1Vlayor and City Council
City of Meridian
33. East Idaho Avenue
Meridian; ID 83642
Re.: Solitu~Ie 5ubdivisian N'o. 3 Final Piaf
File No. FP-I2-011
.Dear Mayor and Council:
We have reviewed the staff commenf5 prepared for the Meridian City Council meeting of
July 17,.2012, and. have the following. responses:
SITE SPECIFIC CQNDITIONS
1. The applicant will comply.
2. The applicant will comply.
;. The applicant will comply.
~1. Noted.
>. The applicant will comply..
6. The applicant wall. campl.y.
7. The applicant will comply..
8. The applicant will comply.
9. Noted.
C^.L'§ers~,Shari`:Dacuments~?01 Y•.12031.4~RzesAesponse.d~c
Mayor and City G.ouncil
July 1.6, 2Q.12
Page 2
GENERAL REQUIREMENTS
1. The applicant will comply.
2. The applicant wi[1 comply.
3. -The applicant will comply.
~.. Tf~e applicant will comply:
5. The applicant. will comply.
6. The applicant will comply.
7. The applicant will comply.
8. The applicant will comply.
9. The applicant. will comply..
10. The applicant wi[L comply.
11. The applicant will comply.
12. The applicant wil eornply,
13, Tlie applicant will comply...
lit. The applicant's design engineer submitted the centerline elevation certification as
part of the final plat application.
15. The applicant will comply.
16. The applicant will comply..
17. Tlie applicant-will comply.
1.8. The applicant will comply.
19. The applicant will comply.
20. The applicant will comply.
C:s:(UserstSliaritDocuments??01 ~+i?031~i.RKCSResponse:doc
Mayor and City Council
July 16, 2012.
Page 3
We appreciate staff's fa~o.rable recommendation of our request. Thank you!
Sincerely,.
Engineering Solutions, L
.Becky McKay artner
Project Planner
B1Vl:ss
ec: iv12 Land, LLC
C:1Liszrs?Slrnri;l)cxumentsY~013;1 ?U3131RzcsResponse.doe