Oaks North Subdivision No. 3 H-2019-0025
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR (OAKS NORTH SUB. NO. 3 – H-2019-0025)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: APRIL 23, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 71 BUILDING
LOTS AND 10 COMMON LOTS ON
30.12 ACRES IN THE R-4 ZONING
DISTRICT FOR THE OAKS
NORTH SUBDIVISION NO. 3.
BY: TOLL SOUTHWEST, LLC.
APPLICANT
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CASE NO. H-2019-0025
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 23, 2019 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 THE OAKS NORTH SUBDIVISION NO.
3, LOCATED IN THE W ½ OF THE SE ¼ AND THE NE ¼ OF THE SW ¼ OF
SECTION 28, TOWNSHIP 4N., RANGE 1W., BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 2/07/19,
by CLINT W. HANSEN, PLS, SHEET 1 OF 4,” is conditionally approved subject
Meridian City Council Meeting Agenda May 7, 2019 – Page 106 of 537
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR (OAKS NORTH SUB. NO. 3 – H-2019-0025)
Page 2 of 3
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 April 23, 2019, a true and correct
copy of which is attached hereto marked “Exhibit A” and by this reference
incorporated herein, and the response letter from Clint Hansen, 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 May 7, 2019 – Page 107 of 537
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
Mai A 2019.
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: 0 YVAD oz
Dated: 5 - -1-19
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR (OAKS NORTH SUB. NO. 3 - H-2019-0025)
Page 3 of 3
EXHIBIT A
Page 1
HEARING
DATE:
4/23/2019
TO: Mayor & City Council
FROM: Stephanie Leonard, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0025
Oaks North No. 3
LOCATION: 6060 W. McMillan Rd., in the SW ¼ of
Section 28, Township 4N., Range 1W.
I. PROJECT DESCRIPTION
The applicant, Toll Southwest, LLC, has applied for final plat approval of 71 building lots and 10
common lots on 30.12 acres of land in the R-4 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 30.12
Future Land Use Designation MDR
Existing Land Use Undeveloped
Proposed Land Use(s) Single-family residential
Current Zoning R-4
Lots (# and type; bldg/common) 71 bldg. lots, 10 common lots
Density (gross & net) 2.36 gross du/acre; 3.51 net du/acre
Open Space (acres, total [%] /
buffer / qualified)
3.26 acres, 10.8% (0.65 acres open space, 2.61 acres
collector and local street buffers)
Amenities Micropathways and 10-foot multi-use pathway
History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP -13-
014
Meridian City Council Meeting Agenda May 7, 2019 – Page 109 of 537
EXHIBIT A
Page 2
III. APPLICANT INFORMATION
A. Applicant/Owner:
Toll Southwest, LLC.
3101 W. Sheryl Drive, Suite 100
Meridian, ID 83642
B. Representative:
Clint Hansen, Land Solutions, Land Surveying and Consulting, PC.
231 E. 5th St. Ste. A
Meridian, ID 83642
IV. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as
required by UDC 11-6B-3C.2. There is one (1) fewer building lot and seven (7) more common lots
shown on the proposed final plat than were depicted on the preliminary plat. Because the number of
building lots has decreased and the amount of common space has increased, staff finds the proposed
plat is in substantial conformance with the approved preliminary plat per the standards listed in UDC
11-6B-3C.2.
Open space planned for this phase consists of ten (10) common lots which includes micropathways
connecting to other phases of the Oaks North development and a pocket park. This phase contains
3.26 acres, or 10.8%, qualified open space and complies with the overall open space and site
amenities approved with the Oaks North development.
A. Dimensional Standards (UDC 11-2):
The minimum lot size required per dwelling unit is 8,000 square feet in the R-4 zoning district;
the minimum proposed property size for this phase is 8,529 square feet, with an average lot size
of 12,409 square feet, in compliance with the dimensional standards for the R-4 zoning district.
B. Access (UDC 11-3A-3, 11-3H-4):
Access points are proposed via stub street connections to future phases of the Oaks North via W.
Doublerock Dr., N. Sunfield Ave., and W. Octavia Dr.
C. Pathways ( UDC 11-3A-8):
Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C.
A minimum five-foot wide landscape strip is required along each side of the pathway consisting
of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of one (1) tree is
required per 100 linear feet of pathway. The micropathway depicted in Lot 6, Block 18
complies with these standards. The micropathway in Lot 14, Block 20 shall be revised to
include one (1) tree per 100 linear feet to comply with these standards.
D. Sidewalks and Parkways (UDC 11-3A-17):
Five-foot detached sidewalks with parkways are proposed along both sides of all local streets and
adjacent to common lots, in accord with UDC standards. Parkways are required to be landscaped
per the standards listed in UDC 11-3A-17 and UDC 11-3G-3B.5., in accord with the submitted
landscape plan. Two (2) additional trees shall be added within the parkway along Lots 15 and 16,
Block 18.
Meridian City Council Meeting Agenda May 7, 2019 – Page 110 of 537
EXHIBIT A
Page 3
E. Landscaping (UDC 11-3B):
Common open space areas are required to be landscaped with lawn (either seed or sod) and a
minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E.
The submitted landscape plan complies with these standards.
F. Fencing (UDC 11-3A-6, 11-3A-7):
Proposed fencing within the subdivision includes six-foot vinyl adjacent to property lines in
accord with UDC 11-3A-7b. Four-foot vinyl privacy fencing is proposed adjacent to common
open space and is in accord with UDC 11-3A-7b. Details have been submitted with the landscape
plan and are included in Exhibit VI.C.
V. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VII of this report.
Meridian City Council Meeting Agenda May 7, 2019 – Page 111 of 537
EXHIBIT A
Page 4
VI. EXHIBITS
A. Preliminary Plat (date: 8/6/2013)
Meridian City Council Meeting Agenda May 7, 2019 – Page 112 of 537
EXHIBIT A
Page 5
B. Final Plat (date: 2/7/2019)
Meridian City Council Meeting Agenda May 7, 2019 – Page 113 of 537
EXHIBIT A
Page 6
Meridian City Council Meeting Agenda May 7, 2019 – Page 114 of 537
EXHIBIT A
Page 7
C. Landscape Plan (date: 2/15/2019)
Meridian City Council Meeting Agenda May 7, 2019 – Page 115 of 537
EXHIBIT A
Page 8
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EXHIBIT A
Page 9
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EXHIBIT A
Page 10
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EXHIBIT A
Page 11
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development (AZ-13-008, RZ-13-015, DA Inst. No. 114030972; PP-13-014).
2. The applicant shall obtain the City Engineer’s signature on the final plat by July 27, 2020, in
accord with UDC 11-6B-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 final plat prepared by Land Solutions, stamped on 2/07/2019 by Clinton W. Hansen,
shall be revised as follows:
a. Include the recorded instrument number of the restrictive covenants for the subdivision.
b. Note #9: Include Lot 5, Block 9 in list of common lots to be maintained by the Oaks
Homeowners Association.
c. Note #10: Include the recorded instrument number of the existing development agreement
(#114030972). If the DA modification associated with file #H-2018-0117 is approved
and recorded prior to the City Engineer’s signature on the final plat, the applicant
shall include the recorded instrument number of the amended DA.
d. Note #12: Include the recorded instrument number for the ACHD license agreement.
5. The landscape plan prepared by Jensen Belts Associates, dated 2/13/19, included in Exhibit
VI.C shall be revised as follows:
a. Revise street names to be consistent with street names depicted on the final plat.
b. The micropath in Lot 14, Block 20 shall be revised to include one (1) tree per 100 linear
feet to comply with the standards in UDC 11-3B-12.
c. Two (2) additional trees shall be added within the parkway along Lots 15 and 16, Block
18; and eight (8) trees shall be added within the parkway along Lot 3, Block 10 and Lot
28, Block 18.
One (1) full-size copy and one (1) electronic copy of a revised landscape plan including the
mitigation plan shall be submitted prior to signature on the final plat.
6. Future homes constructed in this phase shall be consistent with the approved elevations and
design guidelines contained in the recorded development agreement for the Oaks Subdivision.
7. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
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, Sue Prescott, at 887 -1620 for more
information.
9. 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.
Meridian City Council Meeting Agenda May 7, 2019 – Page 119 of 537
EXHIBIT A
Page 12
B. Public Works
Site Specific Conditions:
1. This phase of the development will result in a long dead-end water main which may result in
poor water quality. Development to east will eliminate this dead-end situation and correct this
problem. Clarification on plans is required for the water main connection to the east into Jump
Creek No. 2, and future Jump Creek No. 3.
2. The street lights along W. Octavia Drive shall be metered to meet Idaho Power and City of
Meridian Standards..
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 11-3B-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. 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
Meridian City Council Meeting Agenda May 7, 2019 – Page 120 of 537
EXHIBIT A
Page 13
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 6-7 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.
Meridian City Council Meeting Agenda May 7, 2019 – Page 121 of 537
EXHIBIT A
Page 14
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 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.
Meridian City Council Meeting Agenda May 7, 2019 – Page 122 of 537
From:Clint Hansen
To:Stephanie Leonard
Subject:RE: Oaks North No. 3 FP Staff Report
Date:Thursday, April 18, 2019 4:28:22 PM
Attachments:image007.png
Stephanie,
Yes, we are in agreement with the staff report and the City/Agency Comments and Conditions as
provided in the staff reports for the Oaks North No. 2 and the Oaks North No. 3. Please let this email
serve as our written statement of agreement. Thank you.
Clint Hansen, PLS
231 E 5th St Ste A, Meridian, ID 83642
(208) 288-2040 voice (208) 288-2557 fax
www.landsolutions.biz
From: Stephanie Leonard [mailto:sleonard@meridiancity.org]
Sent: Thursday, April 18, 2019 4:23 PM
To: Clint Hansen <chansen@landsolutions.biz>
Subject: RE: Oaks North No. 3 FP Staff Report
Hi Clint,
If you agree with the staff reports for Oaks North No. 3 and 4, could you email over a written
statement of agreement? If you agree we can place the plats on the consent agenda on Tuesday
4/23, if there are conditions you’d like to discuss further we’ll place the items on the action item
agenda.
Thanks!
Stephanie Leonard | Associate City Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0574 | sleonard@meridiancity.org
From: Clint Hansen <chansen@landsolutions.biz>
Sent: Thursday, April 18, 2019 8:55 AM
To: Stephanie Leonard <sleonard@meridiancity.org>
Subject: RE: Oaks North No. 3 FP Staff Report
Thank you Stephanie. Just as an FYI, Engineering Solutions is not involved with the Phase 2 or Phase
3 portion of the project due to time constraints. Thanks again.
Clint Hansen, PLS
Meridian City Council Meeting Agenda May 7, 2019 – Page 123 of 537
231 E 5th St Ste A, Meridian, ID 83642
(208) 288-2040 voice (208) 288-2557 fax
www.landsolutions.biz
From: Stephanie Leonard [mailto:sleonard@meridiancity.org]
Sent: Thursday, April 18, 2019 8:38 AM
To: Becky McKay <Beckym@engsol.org>; Clint Hansen <chansen@landsolutions.biz>; Meridian City
Clerk <MeridianCityClerk@meridiancity.org>
Cc: Bill Parsons <bparsons@meridiancity.org>
Subject: Oaks North No. 3 FP Staff Report
Attached is the staff report for the proposed final plat for the Oaks North No. 3 H-2019-0025. This
item is scheduled to be on the City Council agenda on April 23rd. The hearing will be held at City Hall,
33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Becky and/or Clint - Please submit a written response to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org) and me by 3:00 pm the Thursday prior to the meeting.
If you are in agreement with the conditions of approval contained in the staff report and you submit a
written response accordingly, your item will be placed on the consent agenda; consent agenda items
are passed in one motion by the Council at the beginning of the meeting. Note: If you are in
agreement with the staff report, it is still recommended you attend the meeting in the event the item
is pulled off of the consent agenda for discussion.
If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the
conditions of approval, your project will be placed on the regular agenda.
Thanks,
Stephanie Leonard | Associate City Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0574 | sleonard@meridiancity.org
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Meridian City Council Meeting Agenda May 7, 2019 – Page 124 of 537