Oberg Subdivision Order H-2018-0069 FP
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OBERG SUB – FP H-2018-0069
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JULY 24, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 25 BUILDING
LOTS AND 5 COMMON LOTS ON
4.78 ACRES OF LAND IN THE R-15
ZONING DISTRICT FOR OBERG
SUBDIVISION
BY: DEVCO DEVELOPMENT, LLC
APPLICANT
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CASE NO. H-2018-0069
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on July 24, 2018 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 OBERG SUBDIVISION, LOCATED IN
GOVERNMENT LOT 3, OF SECTION 5, T.3N., R.1E., B.M., CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE:
06/14/2018, by CARL PORTER, PLS, SHEET 1 OF 3,” is conditionally
approved subject to those conditions of Staff as set forth in the staff report to the
Meridian City Council Meeting Agenda August 7, 2018 – Page 341 of 572
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OBERG SUB – FP H-2018-0069
Page 2 of 3
Mayor and City Council from the Planning and Development Services divisions
of the Community Development Department dated July 24, 2018, a true and
correct copy of which is attached hereto marked “Exhibit A” and by this reference
incorporated herein, and the response letter from Laren Bailey, Conger
Management Group, 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.
Meridian City Council Meeting Agenda August 7, 2018 – Page 342 of 572
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 (2 8) 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
Attest:
C ay Coles
Clerk
2018.
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:LG-�Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OBERG SUB — FP H-2018-0069
Page 3 of 3
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Oberg Subdivision – FP H-2018-0069 1
STAFF REPORT
MEETING DATE: July 24, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Oberg Subdivision– FP (H-2018-0069)
I. APPLICATION SUMMARY
The applicant, DevCo Development, LLC, has applied for a final plat (FP) consisting of 25 building lots and 5
common lots on 4.78 acres of land in the R-15 zoning district for Oberg Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Oberg Subdivision final plat 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 H-2018-0069 as presented in the staff report for the hearing date of July 24,
2018, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2018-0069, as presented during the hearing on July 24, 2018, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0069 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:
The site is located at 2855 N. Wingate Ln., in the NW ¼ of Section 5, Township 3N., Range 1E.
B. Applicant:
DevCo Development, LLC
4824 W. Fairview Ave.
Boise, Idaho 83706
C. Owners:
C4 Land, LLC
4824 W. Fairview Ave.
Boise, ID 83706
EXHIBIT A
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Oberg Subdivision – FP H-2018-0069 2
D. Representative:
Laren Bailey, DevCo Development, LLC
4824 W. Fairview Ave.
Boise, Idaho 83706
V. STAFF ANALYSIS
The proposed final plat depicts 25 building lots for single-family residential attached and detached homes and 5
common lots on 4.79 acres of land in the R-15 zoning district. The minimum property size in this phase is 3,882
square feet (s.f.) with an average size of 4,943 s.f.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as
required by UDC 11-6B-3D.2. The number of building lots and common area is the same. Therefore, Staff
deems the final plat(s) to be in substantial compliance with the approved preliminary plat as required.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation, Development Agreement #2018-054660, and
preliminary plat (H-2018-0012) applications approved for this site.
2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of approval of the
preliminary plat 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 Carl Porter, Sawtooth Land Surveying, LLC, shall be revised as follows:
a. Note #2: “. . . of Meridian City Code unless otherwise modified by conditional use permit.”
b. Note #11: Include the recorded instrument number (i.e. #2018-054660)
c. Note #12: Include the recorded instrument number
d. Depict which lots are proposed for attached units with a zero (0) setback on the shared lots lines.
e. Graphically depict the 25-foot wide City of Meridian sanitary sewer easement described in Note #15
5. The landscape plan prepared by Jensen Belts Associates, dated 6/13/18, shall be revised as follows:
a. Depict a minimum 5-foot wide landscape strip along each side of the multi-use pathway along the
South Slough/Finch Lateral planted with a mix of trees, shrubs, lawn or other vegetative groundcover as
set forth in UDC 11-3B-12C. A minimum of one tree is required per 100 linear feet of pathway.
b. If fencing is desired along the south property boundary of Lot 8, Block 4, the common driveway lot (i.e.
Lot 9, Block 4) shall be widened an additional 5 feet to accommodate a landscape strip in accord with
UDC 11-6C-3D.
6. The common driveway proposed on Lot 9, Block 4 shall be constructed in accord with the standards listed
in UDC 11-6C-3d.
7. Development of Lots 8 and 10-13, Block 4 shall comply with the common driveway exhibit in Exhibit E.
8. A perpetual ingress/egress easement shall be filed with the Ada County recorder for the common driveway,
which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles
and equipment; a copy of the recorded easement shall be submitted with the final plat for City
Engineer signature.
9. Prior to signature on the final plat by the City Engineer, the owner/developer shall submit a copy of a
recorded relinquishment for the subject properties’ access rights for Wingate Lane.
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Oberg Subdivision – FP H-2018-0069 3
10. Design of homes constructed within the subdivision shall be generally consistent with the conceptual
building elevations included in the development agreement.
11. A barrier shall be constructed at the end of E. Cougar Creek Street, N. Lapis Ave. and E. Kamay St. with a
sign stating the street will be extended in the future. A vinyl fence with a gate shall be installed at the end of
E. Kamay St. as agreed upon by the Applicant and Fire Dept., which will allow emergency access at the east
boundary of the site while deterring public access to Wingate Lane and adjacent rural properties.
12. Submit a surety to ACHD (if required) for the cost of extending the sidewalk and street (E. Kamay St.) to
the east boundary of the subdivision; these improvements shall be completed once Wingate Lane is vacated
at some point in the future.
13. All single-family attached structures require submittal and approval of a Design Review application. Design
of these structures shall comply with the standards in the Architectural Standards Manual.
14. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent
fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be
installed around this phase prior to release of building permits.
15. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC.
16. Prior to signature on the final plat by the City Engineer, all of the existing structures on the site shall be
removed.
17. All structures on the site are restricted to a single-story in height per the development agreement.
18. Water service to this development is proposed to be via the new mainline being installed as part of the
Verado Subdivision. Therefore the serviceability of this development shall be contingent upon the
completion and acceptance of those mains.
19. Applicant shall submit documentation of the relinquishment of the existing Idaho Power Easement crossing
the southern side of the parcel prior to signature on the final plat by the City Engineer.
20. Applicant shall be required to extend sanitary sewer and water mainlines to their north boundary within the
N. Lapis Avenue.
21. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve
the Applicant of responsibility for compliance.
VII. GENERAL REQUIREMENTS
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 11-3B-14A.
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Oberg Subdivision – FP H-2018-0069 4
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 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 11-1-4B.
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 6-5 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
Meridian City Council Meeting Agenda August 7, 2018 – Page 347 of 572
Oberg Subdivision – FP H-2018-0069 5
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 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.
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 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 tiled 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.
V. EXHIIBITS
A. Vicinity/Zoning Map
B. Preliminary Plat (dated: 3/6/18)
C. Proposed Final Plat (dated: 6/14/18)
D. Proposed Landscape Plan (dated: 6/13/18)
E. Common Driveway Exhibit
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Oberg Subdivision – FP H-2018-0069 6
Exhibit A – Vicinity/Zoning Map
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Oberg Subdivision – FP H-2018-0069 7
Exhibit B – Preliminary Plat (dated: 3/6/18)
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Exhibit C – Proposed Final Plat (dated: 6/14/18)
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Oberg Subdivision – FP H-2018-0069 9
Exhibit D – Proposed Landscape Plan (dated: 6/13/18)
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Oberg Subdivision – FP H-2018-0069 10
Exhibit E: Common Driveway Exhibit
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