Oakwind Estates No. 2 FP-2022-0006 Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: 4/12/2022
ORDER APPROVAL DATE: 4/26/2022
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 70 BUILDING ) CASE NO. FP-2022-0006
LOTS, 1 COMMON DRIVEWAY )
LOT,AND 9 COMMON LOTS ON ) ORDER OF CONDITIONAL
8.82 ACRES OF LAND IN THE R-15 ) APPROVAL OF FINAL PLAT
ZONING DISTRICT FOR )
OAKWIND ESTATES NO. 2. )
BY: KIMLEY-HORN )
APPLICANT )
This matter coming before the City Council on April 12, 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 OAKWIND ESTATES SUBDIVISION
NO. 2, A PARCEL OF LAND BEING A PORTION OF THE SW '/4 OF THE
SW '/4 OF SECTION 28, TAN., R.1 W., B.M., CITY OF MERIDIAN, ADA
COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 2/3/2022, by CLINTON W.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OAKWIND ESTATES NO. 2 FP-2022-0006
Page 1 of 3
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 April 12, 2022, a true and correct copy of which
is attached hereto marked"Exhibit A" 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.
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OAKWIND ESTATES NO. 2 FP-2022-0006
Page 2 of 3
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 26th day of
April , 2022.
By:
Robert E. Simison - -
2022
Mayor, City of Meridian
Attest:
Chris Johnson '
26-2022
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 4-26-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OAKWIND ESTATES NO. 2 FP-2022-0006
Page 3 of 3
item#�o. EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 4/12/2022 legend
DATE: ------
it =-a i Laca-fion
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
J
SUBJECT: FP-2022-0006 --� -
Oakwind Estates No.2
LOCATION: The site is located at 6180 W. McMillan ---
Rd, in the SW 1/4 of the SW 1/4 of Section
28, Township 4N. Range 1W.
I -
I. PROJECT DESCRIPTION
Final plat consisting of 70 single family lots, 1 common driveway and 9 common lots on 8.82 acres of
land in the R-15 zoning district.
II. APPLICANT INFORMATION
A. Applicant/Representative:
Nicolette Womack,Kimley-Horn-950 W Bannock Street, Ste 1100.,Boise, ID 83702
B. Owners:
Oaks Build to Rent,LLC—4900 N. Scottsdale Rd, Ste 4900, Scottsdale,AZ 85251
III. STAFF ANALYSIS
In 2020,the property received approval of a preliminary plat and development agreement
modification to construct 94 single family lots and 92 townhouse lots(H-2020-0093,Instr. #2021-
046527). The first phase, consisting of 91 townhouse lots and 24 single family lots was approved by
the City Council on February 22, 2022 (FP-2022-0001). This is the second and final phase for the
remaining 70 single family lots.
UDC 11-3B-12 requires all pathways to be landscaped with a strip a minimum of five (5) feet wide
along each side of the pathway,with a mix of trees, shrubs, lawn,and/or other vegetative ground
cover and a minimum of one(1)tree per one hundred(100)linear feet of pathway. There are pathway
lots in which this requirement is not met. This includes Lot 8 Block 6,Lot 7 Block 7, and Lots 6 and
Pagel
Page 147
Item#10.
18 Block 8. The applicant will either need to revise the landscape plan to meet the regulations, or
apply for alternative compliance prior to signature on the final plat.
With Phase one,the Director approved alternative compliance from the standards of UDC 11-3H,
which requires the required noise abatement wall along W. McDermott Road to vary in color or
texture or stagger every three hundred(300) linear feet. The applicant noted the wall as proposed is a
steel type of fencing that will be more aesthetically appealing as it is designed to look more like a
fence than a traditional concrete or modular block wall,but is not engineered for staggering. The
applicant added this same style of wall was utilized by the Oaks North and South Subdivisions.
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, except for what is 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.
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Item#10.
V. EXHIBITS
A. Preliminary Plat(date: 9/1/2020)
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B. Final Plat(date: 2/3/2022)
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D. Amenity Details (date: 01/07/2022)
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Page 10
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D. Common Drive Exhibit
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NOTE: LOTS 14 - 16 ARE RESIDENl1AL SINGLE-FAMILY LOTS
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Item#10.
VI. CITY/AGENCY COMMENTS& CONDITIONS
A. PLANNING DIVISION
1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #
AZ 08-004,MDA#114030972) and preliminary plat(H-2020-0093) applications approved
for this site.
2. The applicant shall obtain the City Engineer's signature on successive phases of the
preliminary plat by January 5,2023, or within two years of the City Engineer's signature on
the previous phase final plat as set forth in UDC 11-613-713; or 2)obtain approval of a time
extension asset forth in UDC I I-6B-7.
3. Prior to City Engineer signature on the final plat,the final plat prepared by Land Solutions,
stamped by Clinton W. Hansen, dated: 02/03/2022, included in Section V.B shall be revised
as follows:
a. Note 10,add Instrument Number.
b. Note 12,add Instrument Number.
4. The landscape plan,prepared by Stack Rock Group on 02/04/2022 is approved with the
following revisions:
a. All pathway lots(Lot 8 Block 6,Lot 7 Block 7, Lot 6 and 18 Block 8) shall be
planted in accordance with UDC 11-313-12 including a landscape strip a minimum of
five(5) feet wide along each side of the pathway and one (1)tree per one hundred
(100)linear feet of pathway, or the applicant shall apply for alternative compliance
prior to signature of the City Engineer on the final plat.
5. The applicant shall preserve 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 I 1-3B-IOC.
6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable.
7. The development shall comply with standards and installation for landscaping as set forth in
UDC I I-3B-5 and maintenance thereof as set forth in UDC I I-3B-13.
8. Developer shall comply with all ACHD conditions of approval.
9. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC I I-3A-6.
10. 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.
11. Staff s failure to cite specific ordinance provisions does not relieve the applicant of
responsibility for compliance.
SITE SPECIFIC CONDITIONS:
1. Streetlights must be installed and operational,with approved record drawings submitted,before
any form of occupancy.
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Item#10.
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
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.
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Item#10.
13. All grading of the site shall be performed in conformance with MCC 11-1-413.
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
prof ect.
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 I I" 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
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Item#10.
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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