Oaks North Subdivision No. 5 FP (H-2019-0137) BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JANUARY 28, 2020
FINDINGS APPROVAL DATE: FEBRUARY 18, 2020
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 37 BUILDABLE ) CASE NO. H-2019-0137
LOTS AND 7 COMMON LOTS ON )
10.66 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL
ZONING DISTRICT FOR OAKS ) APPROVAL OF FINAL PLAT
NORTH SUBDIVISION NO. 5 )
BY: TOLL SOUTHWEST, LLC )
APPLICANT )
This matter coming before the City Council on January 28, 2020 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.
5, LOCATED IN THE SW 1/4 OF THE SE 1/4 AND THE SE '/4 OF THE SW '/4
OF SECTION 28, TAN., R.1 W., B.M. MERIDIAN,ADA COUNTY, IDAHO,
2019, HANDWRITTEN DATE: OCTOBER 29, 2019,by CLINTON W.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OAKS NORTH SUBDIVISION NO. 5—FP H-2019-137
Page 1 of 3
Meridian City Council Meeting Agenda February 18,2020— Page 97 of 270
HANSEN, PLS, SHEET 1 OF 3," 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 January 28, 2020, 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, Engineering Solutions, LLP, 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 OAKS NORTH SUBDIVISION NO. 5—FP H-2019-137
Page 2 of 3
Meridian City Council Meeting Agenda February 18,2020— Page 98 of 270
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 18th day of
February , 2020.
By:
Robert Simison
Mayor, City of Meridian
Attest:
Chris Johnson
City Clerk
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City
Attorney.
By: Charlene Way Dated: 2-18-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OAKS NORTH SUBDIVISION NO. 5—FP H-2019-137
Page 3 of 3
Meridian City Council Meeting Agenda February 18,2020— Page 99 of 270
EXHIBIT A
STAFF REPORTC�,WEIIDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 1/28/2020 Legend R
DATE: L 0
��Project Lflcfl�iar
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner RUT R= -R'4
R-_
208-884-5533 R'8
R�, R=
Bruce Freckleton,Development
Services Manager
208-887-2211 R-15 R-1
SUBJECT: H-2019-0137
Oaks North No. 5 UT
LOCATION: 6060 W.McMillan Rd.,in the SW 1/4 of
R_4 RUT
Section 28,Township 4N.,Range 1 W. 177 '
I. PROJECT DESCRIPTION
Final plat consisting of 37 building lots and 7 common lots on 10.66 acres of land in the R-4 zoning
district.
II. APPLICANT INFORMATION
A. Applicant/Owner:
Toll Southwest, LLC—3101 W. Sheryl Drive, Suite 100,Meridian, ID 83642
B. Representative:
Becky McKay,Engineering Solutions,LLP— 1029 N.Rosario St., Ste. 100,Meridian,ID 83642
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as
required by UDC 11-6B-3 C.2. There is a slight reconfiguration of buildable and common lots and
conversion of one(1)buildable lot into a common lot for stormwater drainage resulting in one(1)
fewer buildable lot and an increase in common open space from that approved with the preliminary
plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved
preliminary plat as required.
A shelter with a picnic table and pedestrian pathways are proposed as amenities per the landscape
plan in Section V.D.
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Meridian City Council Meeting Agenda February 18,2020— Page 100 of 270
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report.
V. EXHIBITS
A. Vicinity Map
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Meridian City Council Meeting Agenda February 18,2020— Page 101 of 270
B. Preliminary Plat(date: 8/6/2013)
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Page 3 —
Meridian City Council Meeting Agenda February 18,2020— Page 102 of 270
C. Final Plat(date: 10/29/2019)
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Meridian City Council Meeting Agenda February 18,2020— Page 103 of 270
D. Landscape Plan(date: 12/3/2019)
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Meridian City Council Meeting Agenda February 18,2020— Page 104 of 270
Page -- ----
VI. 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 within two(2)years
of the City Engineer's signature on the previous phase final plat, 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 shown in Exhibit C in Section VI prepared by Land Solutions, stamped on
10/29/2019 by Clinton W. Hansen, shall be revised as follows:
a. Note#10-Include the recorded instrument number of the Development Agreement—Inst.
"114030972".
b. Note#12: Include the recorded instrument number of the ACHD License Agreement.
c. Legend: Include the recorded instrument number of the ACHD permanent easement.
d. Include the Book and Page numbers of the recorded plat for The Oaks North Subdivision
No. 4 noted at the north boundary of this phase on Sheet 1.
e. Include the Book and Page numbers of the recorded plat for The Oaks North Subdivision
No. 1 noted at the west boundary of this phase on Sheet 1.
f. Include the recorded instrument number of the ACHD temporary easements at the east
ends of W. Daphne St. and W. Riva Capri St. noted on Sheet 1.
5. The landscape plan shown in Exhibit D in Section VI prepared by Jensen Belts Associates,
dated 12/3/19, included in Exhibit VI.D shall be revised as follows:
a. In the Landscape Calculations table on Sheet L1.3, include the linear feet of parkways
(minus 26' for driveways) and the required number of trees in accord with the standards
listed in UDC 11-3B-7C.
b. If the unimproved street right-of-way along McMillan Road is 10 feet or greater from the
edge of pavement to edge of sidewalk or property line, and street widening project is not
in the transportation authority's five year funded plan,the developer is required to maintain
a 10-foot wide compacted gravel shoulder meeting the construction standards of the
transportation authority and landscape the remainder with lawn or other vegetative ground
cover in accord with UDC 11-3B-7C.5.
One(1)full-size copy and one(1) electronic copy of a revised landscape plan shall be
submitted prior to signature on the final plat.
6. Future homes constructed in this phase shall comply with the elevations included in the
development agreement (Oaks North and South Subdivision — Inst. No. 114030972) with
materials and architectural features to be the same or higher quality as shown in the elevations.
7. Prior to the issuance of any new building permit,the property shall be subdivided in accordance
with the UDC.
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Meridian City Council Meeting Agenda February 18,2020— Page 106 of 270
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.
B. Public Works
Site Specific Conditions:
1. This phase of the Oaks North development is nearing the west side of the overall North
McDermott Trunkshed,and because of that the design engineer has proposed grades on the
sewer mainlines to serve the area at greater than minimum slopes so as to not be excessively
deep. For verification purposes and prior to development plan approval,the applicants
engineer shall be required to submit evidence that the sewer depths and minimum cover can
be maintained for the future phases to the east of the subject phase.
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
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Meridian City Council Meeting Agenda February 18,2020— Page 107 of 270
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 6-7 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
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Meridian City Council Meeting Agenda February 18,2020— Page 108 of 270
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 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.
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Meridian City Council Meeting Agenda February 18,2020— Page 109 of 270
Charlene Way
From: Sonya Allen
Sent: Thursday, January 23, 2020 3:13 PM
To: Adrienne Weatherly; Charlene Way, Chris Johnson
Cc: Becky McKay(beckym@engsol.org)
Subject: FW:Oaks North Sub. 5 - FP H-2019-0137 Staff Report for Jan. 28th Council Mtg
Clerk- Please place this item on the consent agenda for next Tuesday.Thanks!
From: Becky McKay<Beckym@engsol.org>
Sent:Thursday,January 23, 2020 3:10 PM
To:Sonya Allen<sallen@meridiancity.org>
Subject: RE: Oaks North Sub.5- FP H-2019-0137 Staff Report for Jan. 28th Council Mtg
External Sender- Please use caution with links or attachments.
Sonya:
I reviewed the staff report and conditions of approval for Oaks North No. 5.We are in agreement with the conditions.
Becky McKay
Chief Planner/Partner
Engineering Solutions, LLP
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
Phone: (208)938-0980
Fax: (208)938-0941
E-mail: beckvm@engsol.org
EIGINEERING
ptre"AV"%ny`n#ws 0.4 rt Is'n
From:Sonya Allen<sallen@meridiancity.org>
Sent:Thursday,January 23, 2020 3:08 PM
To: Becky McKay<Beckvm@engsol.org>
Cc:Adrienne Weatherly<aeatherly@me rid ian city.org>; Charlene Way<cwav@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>
Subject: RE: Oaks North Sub. 5- FP H-2019-0137 Staff Report for Jan. 28th Council Mtg
Please send me a response if you're in agreement and want to be placed on the consent agenda.Thanks!
From: Becky McKay<Beckvm@engsol.org>
Sent:Thursday,January 23, 2020 8:58 AM
i
Meridian City Council Meeting Agenda February 18,2020— Page 110 of 270