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Hill's Century Farm Commercial No. 1 FP H-2017-0051 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM COMMERCIAL SUBDIVISION NO. 1 (H-2017-0051) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 16, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TEN (10) BUILDING LOTS AND ONE (1) COMMON LOT ON 10.82 ACRES OF LAND IN THE C-N ZONING DISTRICT FOR HILL’S CENTURY FARM COMMERCIAL SUBDIVISION NO. 1 BY: CENTURY FARM DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0051 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 16, 2017 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 HILL’S CENTURY FARM COMMERCIAL SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM COMMERCIAL SUBDIVISION NO. 1 (H-2017-0051) Page 2 of 3 COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 4/3/2017, by AARON L. BALLARD, 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 May 16, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Mike Wardle, 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. 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 & day of zl—1 y , 2017. VORATEpq By: Goy �eG Tammy de e IV'`�� ayor, Cit Meridian Attest: (�lVor (0 jDW -4 M ��qNO 2� SEAL C.Jdy ColerReAsvR��Pw City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: C - 7 �/ C'D Dated: V( � G// �)/ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM COMMERCIAL SUBDIVISION NO. 1 (H-2017-0051) Page 3 of 3 EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 1 STAFF REPORT MEETING DATE: May 16, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Commercial Subdivision No. 1 – FP H-2017-0051 I. APPLICATION SUMMARY The applicant, Century Farm Development, LLC, has applied for a final plat (FP) consisting of 10 building lots and one common area lot on 10.82 acres of land in the C-N zoning district. This is the first phase of development of Hill’s Century Farm Commercial Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Commercial Subdivision No. 1 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0051, as presented in the staff report for the hearing date of May 16, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0051, as presented during the hearing on May 16, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0051 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located ½ mile east of S. Eagle Road on the south side of E. Amity Road at the southwest corner of E. Amity Road and S. Hillsdale Avenue, in the NW ¼ of Section 33, T. 3N., R. 1E. B. Applicant: Century Farm Development, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Martin L. Hill 3675 E. Amity Rd. Meridian, ID 83642 EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 2 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 10 building lots and one common lot on 10.82 acres of land in the C- N zoning district. All of the lots proposed in this phase are for retail, service, and professional office uses. 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. The number of buildable lots and common area is the same; therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. The final plat prepared by KM Engineering, stamped on 4/3/2017 by Aaron L. Ballard shall be revised as follows: a. Include the recorded instrument numbers on the face of the plat for the gravity irrigation easements, temporary turnaround easement, and City of Meridian water and sewer easements. b. Note #11: Include recorded instrument number. c. Note #14: Include recorded instrument number. d. Note #15: Include recorded instrument number. e. Include a note and/or depict a cross-access easement that grants cross-access to all lots within the subdivision. f. Include the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. g. Depict a 25-foot wide permanent dedicated buffer or common lot along E. Amity Road; a 20- foot wide buffer along S. Hillsdale Road; and a 10-foot wide buffer along E. Hill Park St. Include a note stating these buffers will be maintained by the property owner or business owner’s association, as applicable, as set forth in UDC 11-3B-7C.2b. h. Applicant shall be required to dedicate sanitary sewer and water easements to provide service to Lots 3 and 6, Block 2. The easements will need to be created outside of the plat process using meridian standard forms per General Condition of Approval #19 below. 3. The landscape plan prepared by KM Engineering, dated 2/3/2017, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Depict one tree per 35 linear feet within the required street buffers along E. Amity Road, S. Hillsdale Avenue and E. Hill Park Street in accord with UDC 11-3B-7C.3. No trees are allowed within the easement for the Cunningham Lateral; provide an additional 5 feet outside of the easement for landscaping if necessary to accommodate the required trees. EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 3 b. Include a calculations table demonstrating compliance with the street buffer landscape requirements listed in UDC 11-3B-7C.3. 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. 2. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CPAM-15-001, AZ-15-004, Development Agreement #2015- 061375; H-2016-0092). 4. 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. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. 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. 8. Future buildings constructed within this development shall be generally consistent with the conceptual elevations included in the development agreement. 9. This property shall be subdivided prior to issuance of any building permits beyond those required for the development of the assisted living facility and medical clinic. VIII. PROCESS CONDITIONS OF APPROVAL 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 3. The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. 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 EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 4 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. 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 11-1-4B. 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. EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 5 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 6-5 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 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 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 tiled per UDC EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 6 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 7/14/16) C. Proposed Final Plat (dated: 4/3/17) D. Proposed Landscape Plan (dated: 2/3/17) EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 07/14/16) EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 9 Exhibit C – Proposed Final Plat (dated: 4/3/17) EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 10 EXHIBIT A Hill’s Century Farm Commercial Subdivision – FP H-2017-0051 PAGE 11 Exhibit D –Proposed Landscape Plan (dated: 2/3/17) Sonya Allen EXHIBIT B From: Mike Wardle < mward le@ brig htoncorp.com > Sent: Wednesday, May 10, 2017 3:55 PM To: Sonya Allen; C.Jay Coles; Machelle Hill; Charlene Way; Barbara Shiffer Cc: David Turnbull; Jon Wardle; Kevin McCarthy (Kevin@kmengllp.com); Lachlin Kinsella (LKinsella@kmengllp.com); Kameron Nauahi Subject: RE: Hill's Century Farm Commercial Sub. 1 - FP H-2017-0051 Staff Recommendation to Commission for May 16th Mtg All, We have reviewed the Hill's Century Farm Commercial Subdivision No. 1 staff report and concur with its analysis and recommended conditions, and request the Council's consent agenda approval. For the record, Site Specific Condition #3.a cites the Boise Project Board of Control's restriction of trees within the Cunningham Lateral easement and its potential impact on the required street buffer. We appreciate staff's "if necessary" statement concerning the location of the "required trees" outside of that easement; and note that Alternative Compliance may be necessary in the future if unanticipated site development conflicts arise with that requirement. Respectfully, Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 ( Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Sonya Allen[mailto:sallen@meridiancity.org] Sent: Tuesday, May 09, 2017 5:10 PM To: Mike Wardle Cc: Kameron Nauahi; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject: Hill's Century Farm Commercial Sub. 1 - FP H-2017-0051 Staff Recommendation to Commission for May 16th Mtg Attached is the staff report for the proposed final plat for Hill's Century Farm Commercial Sub. 1. This item is scheduled to be on the City Council agenda on May 16th. The hearing wilt be held at City Halt, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike - Please submit a written response to the staff report to the City Clerk's office (mhill@meridiancity.or , cjcoles@meridiancity.org, cway@meridiancity.or , bshiffer@meridiancity.or and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion.