Skybreak Subdivision No. 2 Final Plat Order FP-2022-0022 BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: AUGUST 16, 2022
ORDER APPROVAL DATE: SEPTEMBER 6, 2022
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 62 RESIDENTIAL ) CASE NO. FP-2022-0022
BUILDING LOTS AND 12 )
COMMON LOTS ON 11.12 ACRES ) ORDER OF CONDITIONAL
OF LAND IN THE R-8 ZONING ) APPROVAL OF FINAL PLAT
DISTRICT FOR SKYBREAK )
SUBDIVISION NO. 2. )
BY: CONGER GROUP )
APPLICANT )
This matter coming before the City Council on August 16, 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. 2,
LOCATED IN A PORTION OF THE SOUTHEAST '/4 OF THE NORTHWEST
1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 1 EAST, B.M., CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SKYBREAK NO. 2 FP-2022-0022
Page 1 of 3
04/13/2022,by JEFF BEAGLEY, PLS, SHEET 1 OF 4,"is conditionally
approved subject to those conditions of approval 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 August 16, 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. 2 FP-2022-0022
Page 2 of 3
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 6th day of
September , 2022
By:
Robert E. Simison 9-6-2022
Mayor, City of Meridian
Attest:
Chris Johnson 9-6-2022
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 9-6-2022
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SKYBREAK NO. 2 FP-2022-0022
Page 3 of 3
EXHIBIT A
STAFF REPORT C: E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 8/16/2022 Legend
DATE:
��Pr�}e�#Lflcfl�ian
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner 0
208-489-0573 000
5t IF `
SUBJECT: FP-2022-0022
Skybreak No. 2 --
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LOCATION: 7020 S. Eagle Rd.,in the SE 1/4 of the -�
NW 1/4 of Section 4, T.2N.,R.1E.
(Parcel#S1404233660)
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I. PROJECT DESCRIPTION
Final plat consisting of 62 lots and 12 common lots on 11.12 acres of land in the R-8 zoning district.
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
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. The first plat, for 81 single family lots and 21 common lots
on 35.67 acres was approved by the Council in April of 2022 (FP-2021-0058).
Amenities approved and provided with this plat include an 8,668 sq. ft. common space and several
pathway segments. The landscape plan indicates these amenities are landscaped as required per UDC
11-3B-12 and 11-3G.
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At time of annexation and preliminary plat the City Council granted the applicant alternative
compliance 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 Lots 29-41 of Block 2 to be approximately
1,000 feet in length.
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. It appears Lot 7,Block 2 does not
meet the minimum 40 ft. frontage required in the R-8 zoning district. Otherwise,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, all lots within the
development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning
district. 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
V. EXHIBITS
A. Preliminary Plat red-marked to show area of Phase One (date: 6/16/2021)
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B. Final Plat(date: 6/02/2022)
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D. Approved Landscape Plan(date: 6/16/2021)
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Page 8
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. Prior to City Engineer signature on the final plat,the final plat prepared by Sawtooth Land
Surveying LLC stamped by Jeff Beagley, dated: 4/2022,included in Section V.B shall be
revised as follows:
a. Lot 7,Block 2 shall be revised to meet the minimum lot frontage requirements(40
feet)for the R-8 zoning district per UDC Table 11-2A-6.
b. Plat Note No 6—add instrument number.
c. Plat Note No. 14—add instrument number.
d. Plat Note No. 15—add instrument number.
e. Plat Note No. 16—add instrument number
3. 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.
4. 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.
5. Developer shall comply with all ACHD conditions of approval.
6. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
7. 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.
8. 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 11-6B-7.
9. Administrative design review is required prior to building permit for all new attached
residential structures containing two(2) or more dwelling units.
10. Staff s failure to cite specific ordinance provisions does not relieve the applicant of
responsibility for compliance.
Page 9
B. PUBLIC WORKS
Site Specific Conditions:
1. Water main valve at the intersection of Englehart Dr and Averial Way should be located on
the west side of the tee.
2. The water service for Lot 2,Block 2 shall not cross adjacent property,but rather should be in
common lot.
3. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls,
fences, infiltration trenches,light poles, etc.)are built within the utility easement.
3. Ensure that SSMH-4 does not fall within the gutter.
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
Page 10
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 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.
Page I I
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 12
From: Laren Bailey
To: Bill Parsons; Bill Narv; Kurt Starman;City Clerk
Subject: RE:Skybreak No.2 Final Plat Staff report for 08/16/2022 CC Mtg
Date: Thursday,August 11,2022 3:23:28 PM
External Sender-Please use caution with links or attachments.
Bill,
We do not see any issues with the Staff report. Thank you
From: Bill Parsons <bparsons@meridiancity.org>
Sent: Friday, August 5, 2022 3:31 PM
To: Laren Bailey<laren@congergroup.com>; Bill Nary<bnary@meridiancity.org>; Kurt Starman
<kstarman@meridiancity.org>; City Clerk<CityClerk@meridiancity.org>
Subject: Skybreak No. 2 Final Plat Staff report for 08/16/2022 CC Mtg
Attached is the staff report for the Skybreak No. 2 final plat application (FP-2022-0022).
This item is scheduled to be on the consent agenda at the City Council work session on
August 16, 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.
Laren - Please submit a written response to the staff report to the City Clerk's office
(cityclerkPmeridiancity.org) and me as soon as possible. IF you are not in agreement
with the staff report, the item will be placed on the regular meeting agenda at a
subsequent meeting for discussion.
Thank you,
Bill Parsons,AICP I Planning Supervisor
City of Meridian I Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 1 Direct: 208-489-0571
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