Z - Signed Final Order Item#4.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: APRIL 5, 2022
ORDER APPROVAL DATE: APRIL 19, 2022
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 84 RESIDENTIAL ) CASE NO. FP-2021-0058
BUILDING LOTS AND 21 )
COMMON LOTS ON 35.67ACRES ) ORDER OF CONDITIONAL
OF LAND IN THE R-8 AND R-15 ) APPROVAL OF FINAL PLAT
ZONING DISTRICTS FOR )
SKYBREAK SUBDIVISION NO. 1. )
BY: CONGER GROUP )
APPLICANT )
This matter coming before the City Council on April 5, 2022 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 SKYBREAK SUBDIVISION NO. 1,
LOCATED IN A PORTION OF THE SOUTH '/2 OF THE NORTHWEST '/4 OF
SECTION 4, TOWNSHIP 2 NORTH, RANGE 1 EAST, B.M., CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SKYBREAK NO. 1 FP-2021-0058
Page 1 of 3
Page 142
Item#4.
11/19/2021,by JEFF BEAGLEY, PLS, SHEET 1 OF 6," 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 April 5, 2022, 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 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SKYBREAK NO. 1 FP-2021-0058
Page 2 of 3
Page 143
Item#4.
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 19th day of
April , 2022
By:
Robert Simison 4-19-2022
Mayor, City of Meridian
Attest:
Chris Johnson 4-19-2022
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 4-19-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SKYBREAK NO. 1 FP-2021-0058
Page 3 of 3
Page 144
Item#4. EXHIBIT A
STAFF REPORT Ic�
E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT I D A H O
HEARING 4/5/2022 Legend
DATE:
Pro-ec- Lcc❑=or
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
i
208-489-0573
000
000
SUBJECT: FP-2021-0058
Skybreak No. 1
LOCATION: 7020 S. Eagle Rd. &3487 E. Adler Hof -�
Ln.,in the south 1/2 of the NW 1/4 of
Section 4, T.2N.,R.1E. (Parcels#
S1404244250 & S1404233650)
e
I. PROJECT DESCRIPTION
Final plat consisting of 84 lots and 21 common lots on 35.67 acres of land in the R-8 and R-15 zoning
districts.
II. APPLICANT INFORMATION
A. Applicant:
Conger Group—4824 W. Fairview Ave.,Boise, ID 83706
B. Owners:
C4 Land LLC—7020 S. Eagle Rd,Meridian, ID 83642
Peter and Dana Eisenman—3487 E. Adler Hof Ln.,Meridian, ID 83642
III. STAFF ANALYSIS
In 2020,the property received approval of an annexation, zoning to R-8 and R-15, and a preliminary
plat to construct 316 single family lots on 80.46 acres of land(H-2020-0127, Instr. #2021-119175).
This included approval for private streets.
A condition of approval of the development agreement required the applicant to submit a wildland
safety plan for the hillside area to be approved by the Meridian Fire Department with the first final
plat. The applicant did submit this plan and it was deemed to be satisfactory by Meridian Fire.
Another condition of approval of the development agreement required an increased rear setback(as
shown in applicant's narrative as a"no-build area"dated June 14, 2021)for Lot 74, Block 5, abutting
Pagel
Page 145
Item#4.
Vantage Pointe(now Lot 36, Block 3). This no build area is not indicated on the final plat. Staff has
added this as a condition of approval.
At time of annexation and preliminary plat the applicant received the following from the City Council
that would apply to this phase:
1. Alternative compliance from UDC I I-3F4 that limits gated developments to 50 lots,to allow 106
gated lots.
2. Alternative compliance from UDC I I-3F-4 prohibiting common driveways off private streets,to
allow 3 common driveways.
3. Alternative compliance from UDC 11-3 B- 12 and UDC I I-3G- 3 requiring minimum
landscaping along pathways and within common open space to allow the area surrounding the
pathway in Lot 46 of Block 5 to remain in a natural state.
4. A wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet
in length without an intersecting street or alley to allow Block 3, along the southern boundary of
the property,to be approximately 1,190 feet in length.
Staff notes although the applicant did receive alternative compliance from UDC 11-3B-12 and UDC
11-3G-3 to allow the area surrounding the pathway along Lot 46,Block 5 to remain in a natural state
(now indicated as Lot 19,Block 3),this was intended for the area surrounding the natural pathway
shown bisecting Lot 19,Block 3 from north to south. This did not extend to the paved golf cart
pathway shown in both Lot 18 and 19,Block 3, as the approved preliminary plat landscape plan does
show trees along this pathway. Also,the approved preliminary plat and landscape plan indicates
sidewalk extending south along Lot 46,Block 3 to the Vantage Pointe subdivision,whereas this is
absent on the final plat. Finally,the common drive exhibit indicates a 5 ft. wide landscape strip
adjacent to the solid fence as required per UDC 11-6C-3C,but this landscape strip is not shown on the
landscape plan.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat does not
increase the number of building lots and/or decrease the amount of qualified open space as shown on
the approved preliminary plat,with the exceptions listed above, Staff finds the proposed final plat is
in substantial compliance with the approved preliminary plat as required.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this
report.
Page 2
Page 146
V. EXHIBITS
A. Preliminary Plat red-marked to show area of Phase One (date: 6/16/202 1)
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Page 3
Item#4.
B. Final Plat(date: 11/19/2021)
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Page 148
Item#4.
C. Landscape Plan(date: 11/17/2021)
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Page 150
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Page 151
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Page 8
Page 152
Item#4.
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Page 9
Page 153
Item#4.
D. Approved Landscape Plan(date: 6/16/2021)
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Page 10
Page 154
Item#4.
E. Common Drive Exhibit(date: 11/22/2021)
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I LOT 14 TAKES DIRECT STREET
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ON SOUTH SIDE OF LOT.
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I
Page 11
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Item#4.
VI. CITY/AGENCY COMMENTS& CONDITIONS
A. PLANNING DIVISION
1. Applicant shall meet all terms of the approved annexation and preliminary plat applications
(Development Agreement-Inst. #2021-119175,AZ,PP H-2020-0127) approved for this site.
2. The applicant shall construct the street buffers and pathway along S. Eagle Rd. with the first
phase of development.
3. The existing residence at 3487 E. Adler Hof Ln. (Lot 23, Block 3)will be required to
abandon the well and septic system and connect to City water and sewer prior to the first
building permit.
4. Per UDC 11-3F-3,the applicant or owner shall provide documentation of a binding contract
that establishes the party or parties responsible for the repair and maintenance of the private
street, including regulations for the funding thereof.
5. Prior to City Engineer signature on the final plat,the final plat prepared by Civil Site Works,
stamped by Corinne Graham, dated: 11/12/21,included in Section V.B shall be revised as
follows:
a. A 15 ft. side yard setback and no build area(as shown in Exhibit V.B) shall be
indicated on the plat for Lot 36, Block 3, abutting Vantage Pointe.
b. A 30 ft. rear yard setback(as shown in Exhibit V.B) shall be indicated on the plat
along Lots 36-45,Block 3.
c. Plat Note No. 5—add instrument number.
d. Plat Note No. 14—add instrument number.
6. Prior to City Engineer signature on the final plat,the landscape plan,prepared by Jensen
Belts Associates on 1 l/17/21 included in Section V.B shall be revised as follows:
a. Sidewalk meeting the requirements of UDC 11-3A-17 shall be added within Lot 46,
Block 3 as shown on the approved preliminary plat landscape plan.
b. Trees meeting the requirements of UDC 11-3B-12 shall be provided along the golf
cart path in Lots 18 and 19,Block 3 shown on the approved preliminary plat
landscape plan.
c. A landscape strip meeting the requirements of 11-6C-3D shall be provided on the
south side of the common drive in Lot 10,Block 3.
d. The landscape plan shall indicate any existing trees on the subject property that are
four-inch caliper or greater; or mitigate for the loss of such trees as set forth in UDC
11-3B-10C.
7. Pathways and adjoining fencings and landscaping shall be constructed consistent with the
standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C.
8. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street
buffers, and mailbox placement.
9. Developer shall comply with all ACHD conditions of approval.
10. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
Page 12
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Item#4.
11. 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.
12. The applicant shall obtain the City Engineer's signature on the subject final plat by July 20,
2023,within two years of the City Council's approval of the preliminary plat; or apply for a
time extension, in accord with UDC 11-613-7.
13. Staff s failure to cite specific ordinance provisions does not relieve the applicant of
responsibility for compliance.
B. PUBLIC WORKS
SITE SPECIFIC CONDITIONS:
1. Applicant may consider adding a valve cluster at any location along the water main that will be
connected to a future phase because hot tap water connections will not be allowed.
2. Ensure that future sewer connections into manholes are installed at a minimum 90 degrees.
3. The City does not want manholes in sidewalks because they can be a tripping hazard. Sanitary
Sewer Manhole A-3 and A-11 are currently shown in the sidewalk and will need to be moved into
the right of way. This may require reconfiguration of the water line and additional manholes.
4. A 30-foot Type 1 streetlight with an 8 foot mast arm is needed 220 feet south of the southernmost
existing streetlight on South Eagle Road on your plans.
5. Call out the LED fixtures that will be used for both types of streetlights.
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
Page 13
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Item#4.
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 11-14B.
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
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Item#4.
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.
Page 15
Page 159
Item#4.
From: Laren Bailey
To: Alan Tiefenbach;Adrienne Weatherly;Bill Narv; Bill Parsons;Charlene Way;Chris Johnson;Ted Baird
Subject: RE:Skybreak No. 1 FP-2021-0058
Date: Wednesday,April 13,2022 9:40:49 AM
External Sender-Please use caution with links or attachments.
Alan,
We are in agreement with the staff report and conditions. Please finalize our Final
Plat applications. Thank you
From:Alan Tiefenbach <atiefenbach@meridiancity.org>
Sent: Wednesday, March 30, 2022 10:49 AM
To:Adrienne Weatherly<aweatherly@meridiancity.org>; Bill Nary<bnary@meridiancity.org>; Bill
Parsons<bparsons@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>;Ted Baird <tbaird@meridiancity.org>
Cc: Laren Bailey<laren@congergroup.com>
Subject: Skybreak No. 1 FP-2021-0058
Attached is the staff report for the final plat for Skybreak No 1. This item is scheduled to be on the
consent agenda at the City Council work session on April 5, 2022. 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.org) and me as soon as possible
and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion.
Alan Tiefenbach I Current Associate Planner
City of Meridian I Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 1 Fax: 208-489-0571
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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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