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Oaks North Subdivision No. 12 FP-2022-0019 Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 19, 2022 ORDER APPROVAL DATE: AUGUST 9, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 83 BUILDING ) CASE NO. FP-2022-0019 LOTS AND 16 COMMON LOTS ON ) 23.4 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL & R-4 ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT OAKS NORTH SUBDIVISION NO. ) 12. ) BY: TOLL SOUTHWEST,LLC ) APPLICANT ) This matter coming before the City Council on July 19, 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 THE OAKS NORTH SUBDIVISION NO. 12, LOCATED IN THE N '/2 OF THE SW '/4 OF SECTION 28, TOWNSHIP 4N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 04/07/2022, by CLINTON W. HANSEN, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Oaks North Subdivision No. 12—FILE#FP-2022-0019) Page 1 of 3 SHEET 1 OF 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 July 19, 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(Oaks North Subdivision No. 12—FILE#FP-2022-0019) 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 9th day of August , 2022. By: Robert E. Simison 8-9-2022 Mayor, City of Meridian By Brad Hoaglun, Council President Attest: Chris Johnson 8-9-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-9-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Oaks North Subdivision No. 12—FILE#FP-2022-0019) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/19/2022 R. Legend DATE: L 0 Project Lflcfltar TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner RUT R=4_R-4 R-_ 208-884-5533 R-8 R- R= SUBJECT: FP-2022-0019 • Oaks North No. 12 R-1 R-1 LOCATION: Generally located '/z mile north of the half-mile mark of W. McMillan Road T between McDermott Road and Black Cat U Road,in the NW 1/4 of the SW 1/4 of 4 R-8 Section 28,TAN.,R.1W. R_4 RUT I. PROJECT DESCRIPTION Final Plat consisting of 83 single-family detached building lots and 16 common on approximately 23.4 acres of land in the R-8 &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: Kyle Prewett,Toll Brothers—3103 W. Sheryl Drive, Suite 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-3C.2. This is the twelfth phase of development of the Oaks North Subdivision. The submitted final plat shows five(5)more buildable lots than were approved in the preliminary plat for this area of the site because these additional lots represent the five(5) lots that were lost in previous phases of development.Further,the Applicant received Rezone approval(H-2022-0010)to rezone a portion of this phase from the R-4 to the R-8 zoning district to accommodate these additional lots.The Applicant is proposing open space in excess of the area approved in the preliminary plat and is proposing a splash pad amenity in this phase consistent with the Rezone approvals. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat and recent Rezone,as required. Page 1 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) 5 I I a'F Area of Phase 12 RUT Rai UT RUT — ------------_ �_ I POT •I a I i @ g�€I� R-8' - I IT I r�.r sr� pis 4% L �ri-�Tn�rrr 7� FPqI HPRE� Page 2 B. Final Plat(date: 4/7/2022) THE OAKS NORTH SUBDIVISION NO. 12 BOOK_,PAGE_ LOCATED IN THEN 1/2 OF THE SW 114 OF SECTION 28,TAN.,RAW.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO 2022 uNMRREO UNRASFD PFR£cNH HNNxIs s]Hpnscx -- aua ae PA[ES maamzl ,..°. 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ALRVEYTIELINE FLAE-b OAR.OR AS TI INF ® FOUNV`.2"RC]N WITH FL611118 SQIINGPRY INF 1 M1: ATIaN ILIluTluiv_PHEssuaE'I WIL Ohl c T.PLS ttt A --.---- AAOLUi fXiA Vgf;E FA9EMEM LINE131, , Ay asL A SCC NOTC51 62 ®(1�e Lrn xurtlxEre INr El'.sSEUMSET0RI ASEEN _______ " .NI "ANHM___nLPO E 1.41111= u wrw nm L NE PFRIV VTRU10— d_FV 'eP we �o SURVEY NARRATIVE An WArere1U4'1 RIT ILwe As Nord `Toll Brothers La-n__,q__S�jblutlons _ _ SGlE:1"=100' AnsRlusLuxuxr xoxs HUlLosR �J Lentl Surveyllg antl CamuMing n eeuauenmennurvnorrr ron Tacausnolalorv®,wm ner+Eon uw,e.e uw �^''°"u°I`uSHEET I DF4 Page 3 THE OAKS NORTH SUBDIVISION NO. 12 ROCK PAGE PEPELRIN IiJGHIS W WINAg1 � wal i ne- -ivl BMN fi&PA[FS l(4fi-]021 °�P rva Wyse"t; Xfi914'fi5•f VDV46Y ` NOTES 'go-o'°� zn a• asr__ �_ N. uxvuTrtn cwDE THE HE III LOT I.IE HAII-1 Na= ss GIsI' 3 Ewv D IF FFFT _ EAR LCT L� n CDARN �I LrWI.TF.APF MLA oMD e _ w cLwuw sT. xaaSWla'x sPxl r „ �� nm Arwnar �. ssENEMEVTc T.1�TLEF N n as r-�TN 1eT�nT `'Hr wKTrTo , $ a Lero0 y } � O „� �a. WT11 HTLFAFPI(;HFTl1NNCRFCu TOn.40FiHF.ffY^FM Rf)AN LINE TA LE uNE Y uucm olsEcnoo- RESP%N V�;ENT Tr ERUNLEAS r HRESTArrs NLTvls,_awlEDEYAn raEnwL .. .F. •.N 4HED _ E SIXJ W0.5 NSTA NUISAN-LATEICTMEVIT Ll IOW �'2. �� i�-.... ATI FW TuaAL _ o aF AN.LN cuLTLNAL ni4 1. /Gv Pq eTy r s NED�THE KS R4 b �g9' stl samv'E d' g �sAD DE EnNTHEDaNNENTG es R Fa THs `\ y \ /' � \ X zv c'l ERTL NR_DEDn.,NST 11I!. ]m,]oTx NecaR.s ZAC UI, ...c<Ho- -- „I -------- $$ Exs sl. �,-r�„s mares sa.w or Aou�Gv, cNo 7T ]•—r E1E E ITT LJ+VE iANF CAIRYE TA3LE _ I5 FaETHE OEEanTI..N nhE rtw l•rtEhnN�oF THEsEl C_lvnTEa oawln_C sys�u. Eo.21T CUPVE k L=NGT RAUIIIS GELTA 3EARING LHOiM LJ14E B LENG H RA—GELTA I TH I 111L11111,T 11111= _ H NO °T,fP CWN1'.IGAHC. - - - Xk�Rtle•[ - - LEE ZN TLE, qvm Y'1� su®E¢IEVTL.AMENDED LIPW 6]O,W ID1TEE fi11— YH'IYN1 N 6]6^W F "V 5 i£ nu G4 y�y�y PLs NI y IP - r.l A Cy rp OF N� LION W Hp x�lltt40Trr W' `Toll Brothers Lan olutions wnexLcw°Luaun�none aMlLoen Lend Surveynx eM CansuXinx rz�m�ee eon "wTa'�SHEET 2 DF4 Page 4 C. Landscape Plans(revision date: 6/20/2022) _Lj �AK S OF�T�i 1 1 FLATIjRE OAKS OORTHPWASE OAKS NORTH 77YHl, - - J' PHASE 12 bAKS p0�t-.T ! Pt-Me 11 -OA ;1 FIAT 6 lEras�i�sFara � — OAKS NORTH��� - ;�� i _.•. P�iASE 10 ! �� PHAS�%� OAKS.,NJ I I � �� z o�s�TT 0 RT�aHA8 �� Cr ❑ Cr Z OAKS NO O Q a ��pp II1 FUTURE � I a \:' Y OAKWIND - AIt3 NOR H Q ESTATES 'u'.T i 1 �II III II L Ir 7 l� T KS RT P� 1 i NOTES 1 PH Ste ! 0 r� T L1� W.MCMILLAN ROAD LANoscAPe PLAN oi:vr:i:�Ni¢ii ® L1.0 Page 5 ?47 W,r 71�M 17�, &kp�:7_- F- �jl C)0 0 z 0 LL . ...... ... L1.1 A- 0 o w m L TCH r7J.3 z 0 V. Lu zi 0 NOTES KEY MAPPLAN Page 6 y �,- IyyyMATCHLNE L1Lt9.2 T IMATGr-E I f-l "l-I NJNE T �It 1 All I � J � - � .a ill.. _ •./ �& • � ";�' sue' r a O o w � z Z 5 Y d Q 4 O Z LL PLA NT 5GH1�L�E NOTES KEY MAP LA pD ANAPE uu�.te - ]FFEA EA �JWE .....me. L1.3 IY, =1i 1NasEN"�'arFaa'�Ma w O w i Z Nt Y r1 a, v:t Q a 0 Z KEY MAP PLAN ANDSCAPE �111 w91 L1.4 Page 7 I-L-A'47 5CHF::;ULr: T Z NOTE 5, z 0 rr Q H--I AK---FFR -ANUIBOAFE SALLU-A-ON5 06 2-Ili -L L--n-- Page 8 D. Common Drive Exhibit(Lot 9,Block 33): THE OAKS NORTH SUBDIVISION NO. 12 COMMON DRIVEWAY LOT EXHIBIT JUNE 30,2022-Meridian,Idaho LEGEND SETBACK �J RICHT OF WAY NOT A PROPERTY LINE PART FENCE • • • A SOUND WALL T— 4'FI a'pl 4"PI 4"PI BLOCK 33 + cou m 1DT 1 D t 12 I POEM T Y.a oulraaTT If wsean cures I �as I.nx — I t5'A3NALilG PAYENPII-1 I/Y NIx PG s9-za 13 4'Of 3{P NINVS CIdl91Ere LRA44 T RUN B TOP AreA51YI CIEll 499 6 P0.Y CCNP [RWE 95S CF COMMON DRIVEWAYNRrreFN51 TYPICALtt DE9BTAIL NTS NreIAwAr I \ KEYNOTES cKINEwnr $ / 3 I 2 OI 20'W1DE CONCRETE DRIVEWAY APPROACH PER ISPWC II` / SD-701C ACHD SUPPLEMENT,CONCRETE SIDEWALK ADJACENT TO DRIVEWAY APPROACH SHALL BE 6 THICK, PROPOSED - IaI e'w O2 2'WIDE CONCRETE RIBBON CURB PER ISPWC SD-703; SHRUBS(TYR) {I(SNOW CURRANT ST MATCH CROSS SLOPE of DRIVEWAY, M'WIDE ASPHALT COMMON DRIVE(SEE DETAIL) 2 0 BLOCK 33 'I I �WJt'r o r r— - FEE TT 1m I 30W 0 15 30 q W w 27 BLOCK 32 GRAPHIC SCALE 1 inch=30ft. `roll Brothers AMERICA'S LUXURY HOME BUILDER' Page 9 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; and H-2022- 0010). 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 April 7,2022 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 June 20, 2022, 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. Prior to submittal for City Engineer signature on this final plat,the applicant shall submit any relevant public access easement(s)for the multi-use pathway on Lot 10,Block 12 and Lot 20, Block 28. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide (10' pathway+2' shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. 10. Staffs 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. Property is subject to the Oaks Lift Station and Pressure Sewer Reimbursement Agreement. 2. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. 3. Manhole SSMH 12.24 at the NW corner of the site is not needed. Have sewer line end at SSMH 12.23. Page 10 4. For the common driveway located at the NW corner of the site provide a sewer easement that is the full width of the common drive due to the depth of the sewer line.No trees shall be present within this easement but shrubs are allowed;proposed fencing located over easement area should be constructed in such a way to minimize the length of fencing affected should the sewer main require access. 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. Page 11 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 11-1-413. 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 ACED. 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 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. Page 12 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 13