Z - Signed Order Item#7.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JULY 13, 2021
ORDER APPROVAL DATE: JULY 27, 2021
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 30 BUILDING ) CASE NO. FP-2021-0039
LOTS AND 5 COMMON LOTS ON )
9.99 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL
ZONING DISTRICT FOR OAKS ) APPROVAL OF FINAL PLAT
NORTH SUBDIVISION NO. 11. )
BY: TOLL SOUTHWEST, LLC )
APPLICANT )
This matter coming before the City Council on July 13, 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. 11,
LOCATED IN THE SW 1/4 OF THE NE 1/4 AND THE NW 1/4 OF THE SE 1/4 OF
SECTION 28, TOWNSHIP 4N, RANGE I W, BOISE MERIDIAN, MERIDIAN,
ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 06/09/21,by
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Oaks North No. 11 Final Plat—FILE#FP-2021-0039)
Page 1 of 3
Page 120
Item#7.
CLINTON W. 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 July 13, 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Oaks North No. 11 Final Plat—FILE#FP-2021-0039)
Page 2 of 3
Page 121
Item#7.
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 27th day of
July , 2021.
By:
Robert E. Simison 7- 7-
2021
Mayor, City of Meridian
Attest:
Chris Johnson 7-27-2021
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 7-27-2021
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Oaks North No. 11 Final Plat—FILE#FP-2021-0039)
Page 3 of 3
Page 122
►tem#�. EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/13/2021 Legend R
DATE: 0
Project Lflcfliiar
TO: Mayor&City Council
FROM: Joseph Dodson,Associate Planner RUT R= _R-4
R-_
208-884-5533 R-8
R=
SUBJECT: FP-2021-0039
Oaks North No. 11 R-1 R-1
LOCATION: Generally located at 5685 N. Black Cat
Rd., in the SW '/4 of the NE %4 of Section
UT
28, TAN.,R.1W. A,
R-
R_4 RUT
i
I. PROJECT DESCRIPTION
Request for Final Plat consisting of 30 single-family residential building lots and 5 common lots on
9.99 acres of land in the R-4 zoning district,by Toll Southwest, LLC.
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 eleventh phase of development of the Oaks North
Subdivision. The submitted final plat shows two (2)less buildable lots than were approved in the
preliminary plat for this phase of development; the same 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.
Note: Following Phase 10 and 11,the Applicant has five(5) fewer building lots than approved with
the preliminary plat based on all final plat approvals. The Applicant may make up these lots in later
phases per code allowances.
Pagel
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Item#7.
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. Preliminary Plat(date: 8/6/2013)
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Item#7.
B. Final Plat(date: 6/9/2021)
THE OAKS NORTH SUBDIVISION NO. 11 BOOK,PAGE
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THE OAKS NORTH SUBDIVISION NO 11
CERTIFICATE OF OANERS ACRNOWLEDGMENT
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Page 4
Item#7.
C. Landscape Plans(date: 6/10/2021)
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Page 6
Item#7.
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 Section V.B prepared by Land Solutions, stamped on 06/09/21 by
Clinton W. Hansen, is approved with the following revisions:
a. Note#10: Include recorded instrument number.
b. Note#12: Include recorded instrument number.
c. Add the appropriate Book and Pages for the noted Oaks North Subd.No. 9.
d. Add a note stating the plat is subject to the provisions contained within the applicable
Development Agreement.
5. The landscape plan shown in Section V.0 prepared by Jensen Belts Associates,dated 05/18/21,
is approved as submitted.
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.
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. The sewer main at the eastern boundary of the site should end in a manhole with a minimum
slope at the end run of 0.60%.
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
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Item#7.
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 11-313-14A.
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
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.
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Item#7.
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.
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.
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Item#7.
Page 10
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Item#7.
Joseph Dodson
From: Sabrina Durtschi <sdurtschi@tollbrothers.com>
Sent: Thursday, July 8, 2021 3:44 PM
To: Joseph Dodson
Cc: Bill Parsons; City Clerk
Subject: RE: Oaks North No. 11 Final Plat
External Sender-Please use caution with links or attachments.
Hello Joe,
We are in agreement with the staff report. Thanks and please let me know if you need anything else.
Sabrina
From:Joseph Dodson <jdodson@meridiancity.org>
Sent:Tuesday,July 6, 2021 4:08 PM
To:Sabrina Durtschi <sdurtschi@tollbrothers.com>; Adrienne Weatherly<Weatherly@meridiancity.org>; Bill Nary
<bnary@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>;Ted
Baird <tbaird@meridiancity.org>
Cc: Bill Parsons<bparsons@meridiancity.org>
Subject: Oaks North No. 11 Final Plat
EXTERNAL EMAIL:Use caution with links and attachments
Hello,
Attached is the staff report for the final plat for Oaks North No. 11. This item is scheduled to be on the
consent agenda at the City Council work session on July 13, 2021. The meeting will be held at City Hall, 33
E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions.
If you are not in agreement with the provisions in the staff report, please submit a written response to the
staff report to the City Clerk's office (cityclerk@meridiancity.orp) and me as soon as possible and the item
will be placed on the regular meeting agenda at a subsequent meeting for discussion.
Thank you,
Joseph Dodson Current Associate Planner
City of Meridian Community Development
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.884.5533
(fE ID
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.
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