HomeMy WebLinkAboutArtemisia Subdivision FP-2021-0046 Final Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 28, 2021
ORDER APPROVAL DATE: OCTOBER 12, 2021
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF SEVEN (7) ) CASE NO. FP-2021-0046
BUILDING LOTS ON 19.26 ACRES )
OF LAND IN THE C-G ZONING ) ORDER OF CONDITIONAL
DISTRICT FOR ARTEMISIA ) APPROVAL OF FINAL PLAT
SUBDIVISION. )
BY: ENGINEERING SOLUTIONS, )
APPLICANT )
This matter coming before the City Council on September 28, 2021 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 ARTEMISIA SUBDIVISION, LOCATED
IN A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ARTEMISIA SUBDIVISION FP-2021-0046
Page 1 of 3
DATE: 8/04/21,by Clinton W. 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 September 28, 2021, 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 ARTEMISIA SUBDIVISION FP-2021-0046
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 12th day of
October , 2021.
By:
Robert E. Simison 10-12-2021
Mayor, City of Meridian
Attest:
Chris Johnson 10-12-2021
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 10-12-2021
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ARTEMISIA SUBDIVISION FP-2021-0046
Page 3 of 3
Item#8.
EXHIBIT A
STAFF REPORTC� fE COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 9/28/2021 Legend
TO: City Council Ij Prc t Lcofl fK:m -R T=: LSO
FROM: Sonya Allen,Associate Planner R- RUT=I -8 RUfi
208-884-5533 R- RUT
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SUBJECT: FP-2021-0046
Artemisia Subdivision N!-,E' RUT A
PROPERTY LOCATION: _
Northwest corner of W. Overland Rd. & R-8 - U -C
S. Linder Rd. in the SE 1/4 of Section 14, C,C
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I. PROJECT DESCRIPTION
Request for final plat consisting of seven(7)building lots on 19.26 acres of land in the C-G zoning
district for Artemisia Subdivision.
II. APPLICANT INFORMATION
A. Applicant
Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642
B. Owner:
Idaho Auto Mall,LLC 8854 W. Emerald St., Boise, ID 83704-4830
C. Representative:
Becky McKay,Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian,ID 83642
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H-
2021-0014) as required by UDC 11-6B-3C.2. The proposed final plat depicts two(2)fewer
building lots than shown on the approved preliminary plat. Therefore, Staff finds the proposed
final plat is in substantial compliance with the approved preliminary as required.
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Item#8.
IV. DECISION
A. Staff-
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VII of this report.
V. EXHIBITS
A. Preliminary Plat (dated: 1/27/2021)
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B. Final Plat(dated: 8/4/21)
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C. Landscape Plan(dated: 3/2/21)
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Page 6
Item#8.
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(H-2021-0014,Development Agreement Inst. #2021-1094171.
2. The applicant shall obtain the City Engineer's signature on the subject final plat within two
years of the City Council's approval of the preliminary plat(by June 15,2023),or apply for a
time extension, in accord with UDC 11-6B-7.
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 prepared by Land Solutions, stamped on 8/4/21 by Clinton W. Hansen,
included in Exhibit B shall be revised as follows:
a. Note#12: Include the recorded instrument number of the ACHD License Agreement.
b. Include a note granting cross-access/ingress-egress easements between all lots in the
subdivision in accord with UDC 11-3A-3A.2.
c. Graphically depict a minimum 25-foot wide permanent dedicated buffer along S. Linder
Rd. and a minimum 10-foot wide buffer along S. Spanish Sun Way and W. Tasa St. for
landscaping as set forth in UDC 11-313-7C.2b. This easement is described in Note#17 but
doesn't appear to be graphically depicted.
d. Include the recorded instrument number of the existing pedestrian pathway easement
graphically depicted on the plat.
e. Include the recorded instrument number of the existing City of Meridian sanitary sewer
and water easement graphically depicted on the plat.
5. The landscape plan prepared by South Beck and Baird, dated 3/2/21 included in Exhibit C,
shall be revised as follows:
a. Depict minimum 6-foot wide parkways/planting strips and detached minimum 5-foot
wide sidewalks along all streets within the development per the Development Agreement.
The minimum width of parkways planted with Class II trees is 8-feet; the minimum with
ofparkway planters for Class I and III trees is 10 feet. Planter widths for Class II trees
may be reduced to 6-feet if root barriers are installed per the standards listed in UDC
11-3A-17E.
b. Sidewalks/pathways shall include dedicated crosswalks at the intersection with all streets
within commercial activity centers and shall be distinguished from surrounding paving
per the Development Agreement.
c. Change the fencing material around the Kendall Ford site to a higher quality than chain-
link(i.e. wrought iron),per the Development Agreement.
d. Include one(1) additional tree in the southern perimeter street buffer along W. Overland
Rd. to comply with UDC 11-313-7C.3b.
e. In the Landscape Calculations table, include calculations that demonstrate compliance
with the standards for pathway(11-3B-12C)and parkway(11-3B-7C)landscaping;
include required vs. provided number of trees.
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Item#8.
An electronic copy of a revised landscape plan shall be submitted with the final plat
application for City Engineer signature.
6. The final plat shall be recorded prior to issuance of building permits for any structures beyond
those on the Kendall Ford site(i.e.Lot 1,Block 1). The Kendall Ford site is allowed to develop
and obtain buildingpermits prior to recordation of the plat,subject to approval by the Building
Department.
7. A 14-foot wide public use easement for the multi-use pathway along S. Linder Rd. shall be
submitted to the Planning Division prior to submittal for City Engineer signature on the final
plat(s). If the pathway will be located entirely within the right-of-way, a public pedestrian
easement is not needed.
8. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived
by City Council.
9. 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. A deposit must be provided for an 8" sewer main extension along the north part of the property
to be constructed at a later date. Applicant will be required to pay 125% of the bid amount to
complete this work prior to the final plat being signed.
2. Applicant must provide a 20-foot-wide utility easement free of encroachments (including but
not limited to trees,shrubs,fences,buildings,and infiltration trenches)that will cover the future
extension of an 8" sewer main along the north part of the property, including a point of access
for future maintenance. Easement to be dedicated prior to construction plans being approved.
3. Ensure no sewer services pass through future infiltration trench locations.
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. 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
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Item#8.
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 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
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Item#8.
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 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.
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.
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.
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