Outer Banks Subdivision FP-2022-0014 Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: 8/9/2022
ORDER APPROVAL DATE: 8/23/2022
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 24 BUILDING ) CASE NO. FP-2022-0014
LOTS AND 2 COMMON LOTS ON )
36.07 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL
40 & C-C ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT
OUTER BANKS SUBDIVISION. )
BY: J-U-B ENGINEERS, INC. )
APPLICANT )
This matter coming before the City Council on 8/9/2022 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 OUTER BANKS SUBDIVISION,
LOCATED IN THE NORTHEAST '/4 OF THE NORTHEAST 1/4 OF SECTION
15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OUTER BANKS FP-2022-0014
Page 1 of 3
7/14/2022, by MICHAEL S. BYRNS, 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 8/9/2022, 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OUTER BANKS FP-2022-0014
Page 2 of 3
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 23rd day of
August , 2022.
By:
Robert E. Simison 8-23-2022
Mayor, City of Meridian
Attest:
Chris Johnson 8-23-2022
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 8-23-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR OUTER BANKS FP-2022-0014
Page 3 of 3
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING 8/9/2022 Legend
DATE: ff
I�Project Lacfli�ar
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
�f
SUBJECT: FP-2022-0014
Outer Banks—FP
k
LOCATION: Generally located at the southwest corner 000,
of W. Franklin Rd. & S. Ten Mile Rd. at
75 S. Ten Mile Rd.,in the NE 1/4 of
Section 15,T. 3N.,R.IE. t
I. PROJECT DESCRIPTION
Final plat consisting of 24 building lots and two(2) common lots on 36.07 acres of land in the R-
40 and C-C zoning districts for Outer Banks subdivision.
II.APPLICANT INFORMATION
A. Applicant:
Wendy Shrief,JUB Engineers—250 S Beechwood Ave, Ste. 201,Boise,ID 83709
B. Owner:
10 Mile Franklin,LLC—837 Jefferson Blvd.,West Sacramento, CA 95691
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H-
2021-0063) and associated conditions of approval as required by UDC 11-6B-3C.2. There are the
same number of buildable lot and common open space depicted on the proposed final plat as
shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in
substantial compliance with the approved preliminary plat as required.
Page 1
IV. DECISION
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report.
Page 2
V.EXHIBITS
A. Preliminary Plat(date: 12/8/2021)
PRELIMINARY PLAT FOR {
OUTER BANKS SUBDIVISION
STATED N THE NORTHEAST QUARTER OF THE NORTMERST U.PMER CIF SECTION 1E, V ov xc
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Page 3
B. Final Plat(date: 7/18/2022)
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ubdivision
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Page 5
C. Landscape Plan(date: 7/21/2022)
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Page 9
D. Public Art-Conceptual Plan
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PUBLIC ART CONCEPT ABSTRACT ' � '� -.- ___ _ __ __ 'l MONUMENT SIGN,TYPICAL TWO LOCATIONS
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PUBLIC ART CONCEPT ILLUMINATION
FUR", RIBHCARTCONCEPL-FORM&TEIRURE
PUBLIC ART CONCEPT-MOVEMENT PUBLIC ART CONCEPT-INTERACTIVE
OUTER BANKS SUBDIVISION
6amp..p, LIL1�
MASTER SITE PLAN-PUBLIC ART LOCATIONS 7100a
A MIXED USE COMMUNITY-MERIDIAN,IDAHO 20013 07 x2022 yam smetwuvrmrrE su�3so rrse�nuF.uaseai •ieie�ezrmo m�a.a�
Page 10
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
I. Applicant shall comply with all previous conditions of approval associated with this
development [H-2021-0025 (DA Inst. #2021-132704);H-2021-0063].
2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years
of approval of the preliminary plat(by January 11, 2024); 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 Idaho Survey Group, LLC, shall be revised
as follows:
a. Note#5: Include W. Cobalt Dr. in the note.
b. Graphically depict all street buffers in a common lot or on a permanent dedicated buffer
with a note stating they shall be maintained by the property owner or business owners'
association, as set forth in UDC 11-3B-7C.2b. Required street buffers are as follows:
minimum 25 feet wide along W. Franklin Rd., an arterial street; minimum 35 feet wide
along S. Ten Mile Rd., an entryway corridor; and minimum 20 feet wide along W. Cobalt
Dr., a collector street. Street buffers are measured from the back of sidewalk where
attached sidewalks are provided and from the back of curb where detached sidewalks are
provided per UDC 11-3B-7C.1 a.
c. The street section for Cobalt Dr. shall include(2) 11-foot wide travel lanes, 6-foot wide
bike lanes, 8-foot wide parallel parking,curb, gutter, 8-foot wide planter strips(i.e. tree
lawn/parkway)and detached 6-foot wide sidewalks consistent with Street Section D in
the TMISAP(see Pg. 3-21). Parallel parking shall be located to the west of the horizontal
curve for Cobalt Dr. and be located beyond the sight distance required for the access
proposed on Cobalt Dr. as required by ACHD. Submit street section that demonstrates
compliance with this condition.
An electronic copy of the revised plat shall be submitted with the final plat for City Engineer
signature.
5. The landscape plan shown in Section V.C, dated 4/14/22, shall be revised as follows:
a. Include shrubs, along with the trees and lawn or other vegetative groundcover,within the
required street buffers as set forth in UDC 11-3B-7C. The minimum required street buffer
widths are as stated above in condition#4b (additional width may be provided);the
correct buffer widths should be depicted in the Landscape Calculations tables.
b. Depict&dimension a minimum 8-foot wide tree lawn along S. Ten Mile Rd. and W.
Franklin Rd. and pedestrian-scale street lights consistent with Street Sections A and B in
the TMISAP (see pg. 3-22). Include a detail of the proposed pedestrian lighting.Clearly
depict the location of curb and sidewalk on the plans.
c. Depict&dimension a minimum 8-foot wide tree lawn along W. Cobalt Dr. with street
lights in the dry utilities corridor on either side of the street consistent with Street Section
D in the TMISAP (see pg. 3-23). Clearly depict the location of curb and sidewalk on the
plans.
Page l l
d. Depict&dimension a minimum 6-foot wide detached sidewalk within the street buffer
along S. Ten Mile Rd. consistent with Street Section A in the TMISAP (see pg. 3-20). A
10-foot wide pathway is preferred based on ACHD's adopted Livable Streets
Performance Measures but not required.
An electronic copy of the revised plan shall be submitted with the final plat for City Engineer
signature.
6. The subject property shall be subdivided prior to issuance of the first Certificate of
Occupancy for the development as set forth in the Development Agreement(Inst.#2021-
132704,provision#5.1d).
7. The entirety of Cobalt Dr. from the east to the west property boundary, on-site and off-site,
shall be constructed prior to or with the first phase of development in accord with the
specifications noted herein.
8. All development shall comply with the dimensional standards for the R-40 and C-C zoning
districts listed in UDC Tables 11-2A-8 and 11-2B-3, respectively. In the case where a wider
easement exists, a greater setback may be required.
9. All ditches are required to be piped in accord with UDC 11-3A-6A unless waived by City
Council or used as a water amenity or linear open space. City Council approved a waiver to
UDC 11-3A-6B.3 to allow certain sections of the Kennedy Lateral to remain open as
approved with the preliminary plat.
10. A Certificate of Zoning Compliance and Design Review application shall be submitted for
each structure(or group of structures if desired)and approved prior to submittal of
application(s)for building permits. The plans submitted shall comply with the design
elements of the Ten Mile Interchange Specific Area Plan(TMISAP) and the design standards
in the Architectural Standards Manual(see the Application of Design Elements matrix on pg.
3-49 of the Plan)as required by the Development Agreement. The commercial portion of the
development should incorporate similar design elements, colors and materials as the
residential portion of the development.
11. Public art shall be provided within the development in accord with the plan in Section V.D,
consistent with the Development Agreement and the TMISAP (pg. 3-49).
12. 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. Easements are not showing up on sheet C-013 in the pd£ Ensure that all required easements
are provided.
2. A streetlight plan will be required. Streetlights along Cobalt Dr are required.
3. End of the line requires minimum of 0.6% slope. Sheet C-209 and C-212 should be adjusted
accordingly. Flow is committed.
General Conditions:
4. 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.
Page 12
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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC 11-1-4B.
17. 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.
18. The engineer shall be required to certify that the street centerline elevations are set a
Page 13
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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Applicant shall be responsible for application and compliance with and NPDES permitting
that may be required by the Environmental Protection Agency.
24. 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.
25. 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.
26. 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.
Page 14
27. 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