Shops at Victory H-2016-0029BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF THREE (3)
COMMERCIAL LOTS ON 3.68
ACRES IN THE C -C ZONING
DISTRICT FOR SHOPS AT
VICTORY.
BY: WHITE-LEASURE
DEVELOPMENT COMPANY, LLC
APPLICANT
HEARING DATE: APRIL 5, 2016
CASE NO. H-2016-0029
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 5, 2016 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 Set vices 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 SHOPS AT VICTORY SUBDIVISION,
LOCATED IN NW 1/40F SECTION 28, TOWNSHIP 3N, RANGE 1E, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN
DATE: MARCH 4, 2016, JAMES R. WASHBURN, PLS, SHEET 1 OF 3," is
conditionally approved subject to those conditions of Staff as set forth in the staff
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHOPS AT VICTORY (H-2016-0029)
Page 1 of 3
report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated April 5,
2016, a true and correct copy of which is attached hereto marked "Exhibit A" and
by this reference incorporated herein, and the response letter from Ken Lenz,
White Leasure Development Company, 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
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 SHOPS AT VICTORY (H-2016-0029)
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
4vr1) , 2016.
By:
Tammy eerd
GO�40�pTEDAZU1 j Mayor, y of Meridian
Attest:
90
W
Gty Of
E IDIAN
--
IDAHO
acy Jones `�y SEAL
City Clerk
�Ibe TREks
day of
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHOPS AT VICTORY (H-2016-0029)
Page 3 of 3
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 1
STAFF REPORT
HEARING DATE: April 5, 2016
TO: Mayor and City Council
FROM: C.Jay Coles, Assistant City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2016-0029 – Shops at Victory
I. APPLICATION SUMMARY
The applicant, White-Leasure Development Company, has applied for final plat (FP) approval of
three (3) commercial lots on 3.677 acres of land in the C-C zoning district.
II. STAFF RECOMMENDATION
Staff recommends approval of the Shops at Victory final plat subject to the conditions noted in
Sections VI, VII and VIII below. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2016-0029 as presented in the staff report for the hearing date of
April 5, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0029, as presented during the hearing on April 5, 2016, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0029 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for conti nuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 3210 S Eagle Road in the NW ¼ of Section 28, Township 3
North, Range 1 East. (Parcel # S1128223210)
B. Applicant(s):
White-Leasure Development Company
8385 W Emerald Street
Boise, ID 83704
C. Representative:
The Land Group, Inc.
462 E Shore Drive, #100
Eagle, ID 83616
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 2
V. STAFF ANALYSIS
The proposed final plat depicts three (3) commercial lots on 3.677 acres of land in a C-C zoning
district.
The street landscape buffers along the west and north boundaries, along with the boundary landscape
buffers to the south and east, were approved with the Rite Aid Certificate of Zoning Compliance (A-
2015-0061). However, UDC 11-3B-7C2b requires “All commercial…street buffers shall be on a
common lot or on a permanent dedicated buffer, maintained by the property owner or business
owners’ association.”
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-08-006). Because the number of building lots shown on the final plat is the same as the
approved preliminary plat staff deems the final plat to be in substantial compliance as required by
UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation, preliminary plat, conditional use
permit, alternative compliance, certificate of zoning compliance and recorded development
agreement (AZ-08-007; PP-08-006; CUP-08-011; ALT-08-012; A-2015-0061 and DA instrument
#111032845) for this subdivision.
2. The final plat prepared by The Land Group, Inc., stamped on March 4, 2016 by James R.
Washburn, shall be revised as follows:
a. Prior to recording the plat: note #8 insert instrument number.
b. Prior to recording the plat: note #9 insert instrument number.
c. The 25-foot wide street buffers along S. Eagle Road and E. Victory Road shall be graphically
depicted on the face of the plat via a common lot or on a permanent dedicated buffer and
maintained by property owner or business owners’ association in accord with UDC 11-3B-
7C2b.
3. If the City Engineer’s signature has not been obtained by September 9, 2016 per TEC-15-004, the
final plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7.
4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
5. Prior to applying for building permits for Lots 1 and 3, Block 1, the applicant shall obtain the
Planning Division’s approval of a certificate of zoning compliance and design review application.
Future development shall be consistent with the design standards listed in UDC 11-3A-19 and the
guidelines contained in the City of Meridian Architectural Standards Manual.
6. Per H-2015-0010, the subject property shall be subdivided in accordance with the Unified
Development Code prior to applying for certificates of zoning compliance, design review and/or
building permits for Lots 1 and 3, Block 1.
7. A street light plan shall be submitted and approved with the construction drawings. Street light
plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
8. Applicant shall be responsible for the extension of sanitary sewer and water mains to provide
service to the individual lots.
9. Applicant shall be responsible to provide as-built drawings for all new and existing sanitary sewer
and water mains serving the subject development.
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 3
10. The applicant has submitted evidence to the City Engineer that satisfactorily demonstrates that
adequate surface irrigation water does not currently exist for the provision of a pressurized
irrigation system. Therefore, the City Engineer has granted a waiver to the pressurized irrigation
requirements and has approved the use of domestic water for landscape irrigation purposes.
VII. ONGOING CONDITIONS OF APPROVAL
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. (Staff has approved a waiver to the
pressurized irrigation requirement through a letter dated October 15, 2015 signed by the City
Engineer as noted above.)
2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
VIII. GENERAL REQUIREMENTS
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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
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, and 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
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 4
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. All development improvements, including but not limited to sewer, water, fencing, and
landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as
otherwise allowed by UDC 11-5C-1.
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. Developer shall coordinate trash enclosure locations with Republic Services.
14. All grading of the site shall be performed in conformance with MCC 11-12-3H.
15. 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.
16. 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.
17. 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.
18. 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.
19. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. 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.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. 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.
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 5
20. 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 development plan approval.
21. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
22. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
23. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
24. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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. (Staff has approved a waiver to the pressurized irrigation
requirement through a letter dated October 15, 2015 signed by the City Engineer as noted above)
25. 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 tiled 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.
IX. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (PP-08-006)
C. Proposed Final Plat (dated: 3/4/2016)
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 6
Exhibit A – Vicinity Map
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 7
Exhibit B – Approved Preliminary Plat (PP-08-006)
EXHIBIT A
Shops at Victory Final Plat - H-2016-0029 PAGE 8
Exhibit C – Proposed Final Plat (dated: 3/4/2016)
Machelle Hill
From: C.Jay Coles
Sent: Friday, April 01, 2016 9:33 AM
To: JacyJones; Machelle Hill
Subject: FW: Shops at Victory Final Plat
Applicant is in agreement with the staff report for Shops at Victory final plat
C.Jay
From: Ken Lenz [klenz@white-leasure.com]
Sent: Thursday, March 31, 2016 6:04 PM
To: C.Jay Coles; Jason Densmer
Cc:Jeff Huber
Subject: RE: Shops at Victory Final Plat
Hi C. Jay
We are OK with the staff report. Jeff Huber will be at the hearing and discuss any issues that may arise.
Ken Lenz
White Leasure Development Company
8385 W. Emerald St.
Boise, ID 83704
Office: (208) 345-1842
Direct: (208) 493-6305
Cell: (208) 724-6226
Fax: (208) 343-3143
Email: KLenz@White-Leasure.com
I