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Z - Signed Order Item#11. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 22, 2021 ORDER APPROVAL DATE: JULY 6, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 54 BUILDING ) CASE NO. FP-2021-0035 LOTS AND 11 COMMON LOTS ON ) 15 ACRES OF LAND IN THE R-4 & ) ORDER OF CONDITIONAL R-8 ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT OAKS NORTH SUBDIVISION NO. ) 10. ) BY: TOLL SOUTHWEST, LLC ) APPLICANT ) This matter coming before the City Council on June 22, 2021 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 OAKS NORTH SUBDIVISION NO. 10, LOCATED IN THE SW 1/4 OF SECTION 28, TOWNSHIP 4N, RANGE 1W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 05/12/21, by Clinton W. Hansen, PLS, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Oaks North Subdivision No. 10—FILE#FP-2021-0035) Page 1 of 3 Page 161 Item#11. 4," 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 June 22, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Sabrina Durtschi, 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(Oaks North Subdivision No. 10—FILE#FP-2021-0035) Page 2 of 3 Page 162 Item#11. 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 6th day of July , 2021. By: Robert E. Simison 7-6-2021 Mayor, City of Meridian Attest: Chris Johnson 7-6-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 7-6-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Oaks North Subdivision No. 10—FILE#FP-2021-0035) Page 3 of 3 Page 163 Item#11. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/22/2021 Legend R DATE: 0 Project Lflcfltar TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner RUT R=4_R- R-_ 208-884-5533 R-8 R- R= SUBJECT: FP-2021-0035 Oaks North No. 10 R-1 LOCATION: Generally located '/z mile north of the half-mile mark of W. McMillan Road UT between McDermott Road and Black Cat Road, in the SW'/4 of the NE '/4 of - R- Section 28, TAN.,R.1W. R_4 RUT I. PROJECT DESCRIPTION Final plat consisting of 54 building lots and 11 common lots on 15 acres of land in the R-4 and R-8 zoning districts. II. APPLICANT INFORMATION A. Applicant/Owner: Toll Southwest,LLC—3101 W. Sheryl Drive, Suite 100,Meridian,ID 83642 B. Representative: Sabrina Durtschi, Toll Brothers—3103 W. Sheryl Drive,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-3C.2. This is the tenth phase of development of the Oaks North Subdivision. The submitted final plat shows three(3)less buildable lots than were approved in the preliminary plat; the same number of common lots and amount of open space is proposed as were approved in the preliminary plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Pagel Page 164 Item#11. EXHIBIT A V. EXHIBITS A. Preliminary Plat(date: 8/6/2013) i $0 M Ia ---------------------- I p 1 .! I F azrrt' NEE"C� _ I Area of Phase 10 rI ------- ----- ------ RUT i RUT i I� RUT - I ------------ � $ 1 55 I I—I F_ $ Ili! I I wa.ar � :iil r I I I .w I �• I AfIT � d�� ��� IL -fl lITr------- 1 1 _J' 1L14��L I�I111 /, —•-iLLI c was—�i — L Tn�rrr 7T�` -I _iIJ� q� j a® ;i l �l i l l l l i �h �I rtr[ ��r Fp H _PREP .. ,_ I I I I I I I I I I r II ill+ r_r .� �r'LV s.x r� r—!—�;L Page 2 Page 165 Item#11. EXHIBIT A B. Final Plat(date: 5/12/2021) THE OAKS NORTH SUBDIVISION NO. 10 BOOK, m.o cai+ LOCATED IN THE SW 114 OF SECTION 28,T.4N.,R.1IN.,B.M. TT MERIDIAN,ADA COUNTY,IDAHO SEE conln NunnoN-TNIs SHEET �m UNPLATIEG 2021 r,r is se"ssc`� es oo• II 8 ue,�oa x xss4 58921T]'f SB@591HE 1AS19 It9V 51 ffi4YW 4]W lO SW211)'E EaSBY V W xa9q yT ® Y 5g w1RT I flT \ 7A ..,_.. TB se9�•IY[' THE BAKS NORTH SUED.40'2 B001(118 PACES 1 8 029-1 50 3 2 s mra „ {r x Porlw calrN sr L L � ' O �`+ ifs Wfa Ufa®;J¢ p ® � A' IA U' vree PLwILL, 1 mR p1 BNPUTImA,�: 9 xassrlrW aw.00' I '�` r- .uuNPLnrIE6 �—,® �� �� L ttWo1 sI �� �•�y x - SB5WB'RS'I� THE PANS NORTH SUED.NO 1 01 BCDK 111 PAGES 17840-I1993 42w THE OAKS NORTH SUBO.NO.8 ` } ira BOOK PAGES__ 9 W RWRIR W,E DR, w 49 3c-a^ 3 .1 LEGEND a 11LINDeNti1 4P W;��.1t.1 TTTWD to r ���\\/// ,4 Lem'' yr 1. I� - ®a CN C°i NeeazSz x 7Lm q. an va o _ H vls 1 11a R UNPLAIIm THE DAMS NORTH SUBO NO 2. ® rl Hrls 1.11a BOCi(118,PAGES 18029-18E32 rrr O x.oo ae. uu , Tia ..- - - _ __ .. ._-- �> a yob E_ Y 18 1. •l__ Oaar'P s] ' I' c osr AEUENT_NE] nH w-vr= AInIIs °se lsW _______y NE° csw y NRg5ry1d'W 34R54� �-sFrEgls T.:.-ii g� — — N k �� �a_.,i4� �� NhSC1-CIS=IN[�Cfi I�N��IErC n +� uNPLnTTEo ❑$ svay'oewme4 rrI W.wu,SI SIM 4rW 4]00' I SE H 1WE 1.61 .� ILA s1e:21129.7V rx iiv rTo i� ——— RFFr.rnes uEeeu ra . SEE CONTINUATION-THIS SHEET rt ��1`�—W xc'41W ROAW illo-czo'm SEE SHEET2 OF 4 FOR NOTES AND LINE&CURVE DATA SJRVEY NARRATIVE r a w,,, ,'�4y¢'ag' `?oliBrothers Lin olutions XTH O�`O AMERlcns LUXURY HOME aulLDER IT �f Lcna surveyliq ena rnrrsuwrg SHEET 1 OF Page 3 Page 166 EXH|8|TA Item#11. EXHIBIT A C. Landscape Plans(date: 5/14/2021) ._I -IAK"-gT� �-FUT O/�KS NORTH PHASES --- f FUT RE -OAKS NORTH -- �EIQSMus I l r NOR PHASES PHASE 8 0•�• :�O/1KS NpF}fiH '. PHA8e-8 OAKS NORT�PW - r a ,tip �r o a x a III�z ���J�' lu��r • -_T"hf � I i}, _... ... --�I —� -- Z a � Z z OAKS NORTH F. 'A S NOR H Q i SSE 0 ILL IN H PH SE� �I�II K O H_ NOTES T W-MCU LEAN R I]LVL'I.ok'SH Page 5 Page 168 EXH|8|TA Item#11. EXHIBIT A PLAN SGHE�JLE MATTC+VNE LI I MATCH!aE U2 7I�"' MATCHLINE L1.9� r I I I� I � � JNV$ENBFLT� � I mm I NOY_5 IL I - - d zo — J I LL KEY MAP _ M�TCHL L13� 1�LpI SLaND3CAPE MATCH E LU PUN i L1.3 PLANr sc NEOJLE MAT4�1N L1.3 MATC LI LI IA l - _ itl 4 L ,I* w ILIA T. _ JEWDMIl 4, z NOTES e e F— ❑ a' J Z 0 z I KEY MAP 0 I 1� I SLANDSCAPE J� PLAN L1.4 Page 7 Page 170 Item#11. EXHIBIT FFT onfi ST-17 111-1- �,fv, A� ay NCTI-5 0 0 g or Z EE ---——----- LANSbr,Afla CAL.C-ULATICNO LL U.5 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 I 1-613- 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 Section V.B prepared by Land Solutions, stamped on 05/12/21 by Clinton W. Hansen, is approved with the following revisions: a. Note#12: Include recorded instrument number. 5. The landscape plan shown in Section V.0 prepared by Jensen Belts Associates,dated 02/23/2 1, is approved with the following revision: a. Include at least one tree along the micro-path within Lot 11,Block 15 per UDC 11-313-12. 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. Page 8 Item#11. EXHIBIT A 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. B. Public Works Site Specific Conditions: 1. Run all 10" diameter sewer mains at the minimum slope(0.28%)to allow serviceability to and through this project. 2. A Type 1 streetlight is required on McDermott Road at the North property boundary. 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 Page 9 Page 172 Item#11. EXHIBIT A 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 I I-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 Page 10 Page 173 Item#11. EXHIBIT A 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 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. Page 11 Page 174 Item#11. Joseph Dodson From: Sabrina Durtschi <sdurtschi@tollbrothers.com> Sent: Thursday, June 24, 2021 4:06 PM To: Joseph Dodson Subject: RE: Oaks North No. 10 Final Plat External Sender-Please use caution with links or attachments. Thanks Joe. We are in agreement with Oaks North No. 10 staff report, please proceed with the findings. Sabrina From:Joseph Dodson <jdodson@meridiancity.org> Sent:Thursday,June 24, 2021 3:21 PM To:Sabrina Durtschi <sdurtschi@tollbrothers.com> Subject: RE: Oaks North No. 10 Final Plat Hi Sabrina, I did get your email about discussing Oaks North and will call you tomorrow morning on that one, I promise. Secondly, could you provide me with an email stating you are in agreement with the Oaks North No. 10 staff report so I can have that ready for the required Order due next Tuesday? Thank you! Joseph Dodson Current Associate Planner City of Meridian Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 C:�(fE II � Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. From:Sabrina Durtschi <sdurtschi@tollbrothers.com> Sent: Wednesday,June 16, 2021 3:34 PM To:Joseph Dodson <!dodson@meridiancity.org> Subject: RE: Oaks North No. 10 Final Plat External Sender-Please use caution with links or attachments. Thanks Joe! No problem, I will have our team review the report and let you and the clerk know if we are not in agreement. 1 Page 175