Reardon Subdivision FP-14-030BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 10 BUILDING )
LOTS AND 2 COMMON/OTHER )
LOTS ON 1.96 ACRES OF LAND IN )
THE R-8 ZONING DISTRICT FOR )
REARDON SUBDIVISION )
BY: CS2, LLC )
APPLICANT )
HEARING DATE: JULY 15, 2014
CASE NO. FP -14-030
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on July 15, 2014 for final plat approval
pursuant to Unified Development Code (UDC) 11-613-3 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:
The Final Plat of "PLAT SHOWING REARDON SUBDIVISION, LOCATED
IN THE NW '/4 OF SECTION 10, T.3N., RAW., B.M., CITY OF MERIDIAN,
ADA COUNTY, IDAHO, 2014, DATED: 06/04/14, MICHAEL E. MARKS,
PLS, SHEET I OF 2," is conditionally approved subject to those conditions of
Staff as set forth in the staff report to the Mayor and City Council from the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR REARDON SUBDIVISION (FP -14-030)
Page 1 of 3
Planning and Development Services Divisions of the Community Development
Department, dated July 15, 2014, a true and connect copy of which is attached
hereto marked "Exhibit A" and by this reference incorporated herein, and the
response letter from Robert Unger, a true and correct copy of which is attached
hereto marked "Exhibit 13" 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 REARDON SUBDIVISION (FP -14-030)
Page 2 of 3
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 7�;) uk day of
�lil�f ,2014.
By:
TmnmTTk-Wcerd
c0V0AATF0,j LC(ts ayorClity-of Meridian
Attest: 3 rr C• ZoU���
�'q i'ounc�\ �res�dev�}
�0 ^CifypF "
a
mIAN
� r �ngxo
y ee o ^dP SEAI ti`
Ci Clerk A^ tpfA6URt P
Copy served upon the Applicant, Planning Division, Public Works Department, and City
Attorney.
Dated: JU1 -\ a �-, - �)O� d
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR REARDON SUBDIVISION (FP -14-030)
Page 3 of 3
EXHIBIT A
STAFF REPORT
MEETING DATE: July 15, 2014 CVEPIDIAN%,--
TO: Mayor and City Council I D A
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP-14-030—Reardon
I. APPLICATION SUMMARY
The applicant, CS2, LLC, has applied for a final plat (FP) consisting of ten (10) residential building
lots and two (2) cormnon/other lots on 1.96 acres of land in the R-8 zoning district.
H. STAFF RECOMMENDATION/DECISION
Staff recommends approval of Reardon Subdivision subject to the conditions noted in Sections VI
and VII below. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number FP -14-030 as presented in the staff report for the hearing date of July
15, 2014, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP -14-030, as presented during the hearing on July 15, 2014, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP -14-030 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: (Parcel #R3531730020)
The subject property is located near the southwest corner of W. Cherry Lane and N. Summertree
Way in the NW Yq of Section 10, T.3N, R.1 W.
B. Applicant/Owner:
CS2, LLC
8921 W. Hackamore Drive
Boise, ID 83703
C. Representative(s):
Bob Unger, ULC Management, LLC
6104 N. Gary Lane
Boise, ID 83714
Reardon FP -14-030 PAGE 1
EXHIBIT A
V. STAFF ANALYSIS
The proposed final plat depicts ten (10) residential building lots and two (2) common/other lots on
5.27 acres of land in the R-8 zoning district.
With the final plat submittal, the recorded development agreement requires the applicant to provide
recorded documentation as follows:
1) relinquishes the 30 -foot wide private road easement and;
2) identifies the responsible party for the maintenance and ownership of the private driveway on
Lot 7, Block 2.
The applicant has recorded the shared use and maintenance agreement (instrument #114036562) that
complies with the aforementioned requirements. As part of the recorded agreement, the applicant
must deed Lot 7, Block 2 to the property owner of parcel #S1210212530 upon recordation of the plat
in exchange for relinquishing the private street easement. A condition of the preliminary plat requires
the applicant to provide a 5 -foot wide landscape buffer along the west boundary of Lot 6, Block 2 to
prohibit lot access to the private driveway. Because the private driveway is not a common driveway
and ownership of Lot 7, Block 2 will be conveyed to the southern property owner, staff finds this
condition is no longer warranted.
Further, the recorded agreement stipulates that the developer will seek the City's approval of N. Jones
Creek Court for the proposed street name. The applicant is seeking Council's approval to overturn
the Street Naming Committee's recommended street name of W. Aspen Creek Court in favor of W.
Jones Creek Court.
Staff has discussed the requested street name change with the City's Addressing Specialist, Police and
Fire Departments. Both the City's Addressing Specialist and the Fire Department support the Street
Naming Committees recommended street name. The Police Department has expressed no concerns
with the street name proposed by the applicant.
Under the Unified Development Code, the City Council has the authority to approve the proposed
street name. Prior to City Engineer's signature on the final plat, the applicant is responsible for
obtaining the final approval letter from the Street Naming Committee approving the proposed street
name for the subdivision.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP -14-003). Because the number of building lots shown on the final plat is the same as the
approved preliminary plat and the amount of open space number has increased, staff deems the final
plat to be in substantial compliance as required by UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved rezone, preliminary plat (RZ-14-002 and PP -14-003)
and development agreement (DA #114036596) for this site.
2. The applicant has until April 15, 2016, to obtain City Engineer's signature on the final plat or apply
for a time extension in accord with UDC 11-613-7.
3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The applicant shall maintain surface water delivery and/or drainage to parcel #51210212720 in
accord with Title 42 of the Idaho State Statutes.
5. The final plat prepared by Westbound Surveying Services, stamped on June 4, 2014 by Michael E.
Marks, shall be revised as follows:
Reardon FP -14-030 PAGE 2
EXHIBIT A
a. Note #3: Insert instrument #114036596.
b. Note #5: Replace Nampa Meridian Irrigation District with Settlers Irrigation District.
c. Note #8: Insert the CCR's instrument number after recordation of the plat.
d. Note #12: Add "in accord with the shared maintenance and use agreement recorded as
instrument #114036562."
e. Add a note to the plat that states the homes on Lots 1 and 2, Block 2 shall front and access
from W. Aspen Creek Court.
f. A cross-access/ingress-egress easement shall be granted to the property to the north (parcel
#83531730010) through Lot 1, Block 1per the approved preliminary plat. A note shall be
added to the face of the plat that references the recorded cross access agreement.
6. The landscape plan prepared by The Land Group, dated 06/02/14, shall be revised as follows:
a. Construct a 25 -foot wide landscape along the entire frontage of W. Cherry Lane in accord
with UDC -11 -3B -7C.
b. All fencing constructed with the development shall be designed in accord with UDC 11-3A-
7.
c. A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan. All standards of installation should
apply as listed in UDC 11-313-14.
7. Future homes constructed within the subdivision must comply with the submitted elevations
attached in the recorded development agreement.
8. 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, Kimberly Cutler, at 887-1620 for more information.
9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
10. Temporary constriction fencing shall be installed around the perimeter of the development prior to
release of building permits for this subdivision.
11. Staffs failure to cite specific ordinances, conditions from the preliminary plat or the recorded
development agreement does not relieve the applicant of responsibility for compliance.
12. Prior to City Engineer's signature on the final plat, the applicant is responsible for obtaining the
final approval letter from the Sheet Naming Committee approving the proposed street name for the
subdivision. For clarification. the City Council approved W Aspen Creek Court as the street name
for the subdivision as recommended by the Street Naming Committee.
VII. GENERAL REQUIREMENTS
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.
Reardon FP -14-030 PAGE 3
EXHIBIT A
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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
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 -3B -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. 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. Please contact Land Development Service for more information at 887-2211.
8. All development improvements, including but not limited to sewer, water, fencing, and
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy, or as otherwise allowed by UDC 11-5C-1.
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 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 11-12-3H.
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 j urisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
Reardon FP -14-030 PAGE 4
EXHIBIT A
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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. 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.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. 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 proposes. 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 air 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.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. 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.
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 Central District Health for abandonment procedures and
inspections(208)375-5211.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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.
VIII. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (PP -14-003)
C. Proposed Final Plat (stamped/dated: 06/04/14)
D. Proposed Landscape Plan (dated: 06/02/14)
Reardon FP -14-030 PAGE 5
EXHIBIT A
Exbibit A — Vicinity Map
°'S
Vicinity Map ° ° Mlles
Print Date: 6/25/2014
Reardon EP -14-030 PAGE 6
EXHIBIT A
Exbibit B — Approved Preliminary Plat
N _
W. CHERRY LANE
PREUMINARY PUT SHDMNG TAM9DNNn0WME L01 eo e, 1 w 5,8J0 sf
REARDON SUBDIVISION
A RE-SUBDIA90N OF LOT 2, RLN I.BL CR 1
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LOCATED IN SECTON 10, T.3N R W., B.M.
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Reardon FP -14-030 PAGE 7
EXHIBIT A
Exhibit C — Proposed Final Plat (dated: 06/04/14)
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Reardon FP -14-030 PAGE 8
EXHIBIT A
Exhibit D: Landscape Plan (dated: 06/02/14)
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Reardon FP -14-030 PAGE 9
M A N A G E M E N T
TO: Meridian City Council
33 E. Broadway Ave., Suite 210
Meridian, Idaho 83642
DATE: July 10, 2014
RE: Response to Staff Report for FP -14-030 — Reardon Subdivision
We have reviewed the Staff Report and concur with the report and agree with the Conditions of Approval.
We look forward to working with you and your staff on this project and request your approval. If you
have any questions or concerns please contact me at (208) 861-5220.
Sincerely,
�lwclao� T
Robert C. Unger
Manager
ULC MANAGEMENT • 6104 N. GARY LANE • BOISE, IDAHO 83714
(208) 861-5220 • BUNGER@ULCMANAGEMENT.COM
DESCRIPTION FOR
WOODBURN WEST SUBDIVISION NO. 2
A parcel of land located in the SW 1/4 of Section 36, T. 4N., R. 1W., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the S 1/4 corner of said
Section 36 from which a brass cap monument marking the SW corner of said Section
36 bears North 88°43'02" West, 2662.29 feet; Thence along the South boundary line of
said Section 36 North 88°43'02" West, 665.30 feet; Thence leaving said South
boundary line North 00°23'27" East, 141.63 feet to the REAL POINT OF BEGINNING;
Thence North 67°09'36"
West, 129.84 feet;
Thence North 71002'19"
West, 75.67 feet;
Thence North 66037'06"
West, 55.79 feet;
Thence North 51024'02"
West, 66.02 feet;
Thence North 47°26'41"
West, 78.17 feet;
Thence North 38029'05"
West, 31.20 feet;
Thence North 72042'55"
West, 123.96 feet;
Thence North 71014'14"
West, 117.61 feet;
Thence North 69015'45"
West, 67.37 feet;
Thence South 00020'14"
West, 415.85 feet to a point on the North right-of-way
line of W. Ustick Road;
Thence along said North right-of-way line North 88043'02" West, 172.60 feet;
Thence leaving said North right-of-way line North 00002'28" East, 457.44 feet;
Thence North 81 001'42" West, 125.46 feet;
Thence North 14045'42" West, 659.21 feet;
Thence North 00012'56" East, 189.24 feet to a point on the North boundary line
of the SW 1/4 of the SW 1/4 of said Section 36;
Thence along said North boundary line South 88056'05" East, 471.13 feet to the
SW 1/16 corner of said Section 36, said point also being an angle point on the exterior
boundary line of Woodburn West Subdivision No. 1 as file in Book of Plats at
Pages through records of Ada County, Idaho;
Thence along said exterior boundary line the following 15 courses:
Thence South 10008'06" West, 30.38 feet;
Woodburn West Subdivision No. 2
Page 1 of 2
Thence North 88056'05" West, 177.44 feet;
Thence South 18014'40" East, 175.86 feet;
Thence South 72°30'04" West, 49.42 feet;
Thence South 14°45'42" East, 203.34 feet;
Thence South 68027'21" East, 147.60 feet;
Thence South 86°56'20" East, 234.56 feet;
Thence North 00023'27" East, 51.61 feet;
Thence South 89036'33" East, 65.00 feet;
Thence North 00°23'27" East, 11.96 feet;
Thence North 83034'28" East, 100.71 feet;
Thence South 00023'27" West, 225.12 feet;
Thence South 89036'33" East, 100.00 feet;
Thence South 00°23'27" West, 4.00 feet;
Thence South 89036'33" East, 150.00 feet to a point on the West boundary line
of Woodburn Subdivision as filed in Book 96 of Plats at Pages 11809 through 11811,
records of Ada County, Idaho;
Thence along said West boundary line and the southerly extension thereof
South 00°23'27" West, 568.84 feet to the REAL POINT OF BEGINNING. Containing
16.18 acres, more or less.
Woodburn West Subdivision No. 2
Page 2 of 2
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