Z - Order
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BOUNTIFUL COMMONS – FP H-2018-0084
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: AUGUST 21, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF SIX (6)
BUILDING LOTS ON 6.15 ACRES
OF LAND IN THE L-O AND C-C
ZONING DISTRICTS FOR
BOUNTIFUL COMMONS
SUBDIVISION
BY: TMEG PROPERTIES, LLC
APPLICANT
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CASE NO. H-2018-0084
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on August 21, 2018 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 BOUNTIFUL COMMONS
SUBDIVISION, SITUATED IN A PORTION OF THE SOUTHWEST ¼ OF
THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1
WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO,
2018, HANDWRITTEN DATE: 7/31/2018, by KELLY KEHRER, PLS, SHEET
Meridian City Council Meeting Agenda September 4, 2018 – Page 271 of 461
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BOUNTIFUL COMMONS – FP H-2018-0084
Page 2 of 3
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 August 21, 2018, 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.
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
Meridian City Council Meeting Agenda September 4, 2018 – Page 272 of 461
interest in real property which may be adversely affected by this decision may, within twenty-
eight (2 8) 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
A P-Oernber , 2018.
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:C)JdAL&V64 Dated: S, 4A `4 cQ
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BOUNTIFUL COMMONS — FP H-2018-0084
Page 3 of 3
Bountiful Commons – FP H-2018-0084 PAGE 1
STAFF REPORT
MEETING DATE: August 21, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Bountiful Commons – H-2018-0084
I. APPLICATION SUMMARY
The applicant, TMEG Properties, LLC, has applied for a final plat (FP) consisting of six (6) building
lots on 6.15 acres of land in the L-O and C-C zoning districts for Bountiful Commons Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Bountiful Commission final plat based on the analysis provided
below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2018-0084 as presented in the staff report for the hearing date of
August 21, 2018, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2018-0084, as presented during the hearing on August 21, 2018, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0084 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 located at 5960 N. Linder Rd., in the northwest ¼ Section 25, T. 4N., R.
1W.
B. Applicant:
Trevor Gasser, TMEG Properties, LLC
74 East 500 South, Suite #200
Bountiful, UT 84010
C. Owner:
Same as applicant
EXHIBIT A
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Bountiful Commons – FP H-2018-0084 PAGE 2
D. Representative:
Kelly Kehrer, KM Engineering, LLP
9233 W. State Street
Boise, ID 83714
V. STAFF ANALYSIS
The proposed final plat depicts six (6) building lots on 6.15 acres of land in the L-O and C-C zoning
districts. Development is required to comply with the dimensional standards of the L-O and C-C
zoning districts listed in UDC Table 11-2B-3.
Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards
and found the plat to be in compliance with those standards.
Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and
found the final plat to be in substantial compliance with the approved preliminary plat per the
standards listed in UDC 11-6B-3C.2.
At the Commission hearing for the preliminary plat, there was discussion regarding the type of land
use buffer/fencing to be provided along the east boundary. A condition of approval was added for the
applicant to submit an exhibit with the final plat application depicting the proposed fencing and
landscape berm combination. The applicant has submitted 2 different options for the buffer – one
with a landscaped berm and no new fencing; and one with landscaping and a new 6’ tall fence
without a berm (see Exhibit E). If the latter option is chosen, a 2’ wide area would be created between
the proposed fence and the existing fence as the existing fence is constructed approximately 2’ inside
the property line. The type of buffer should be determined by Council at the public hearing for the
preliminary plat.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (H-2017-0095, Development
Agreement Instrument #2018-052340) and preliminary plat (H-2018-0067).
2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of
approval of the preliminary plat; or, apply for a time extension on the preliminary plat 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 The Land Group, stamped on 7/31/18 by Kelly Kehrer, shown in
Exhibit C shall be revised as follows:
a. Include the recorded instrument number of the City of Meridian sewer and water easement
graphically depicted on Sheet 1.
b. Include the recorded instrument number of the 30’ cross-access easement graphically
depicted on Sheet 1.
c. Note #12, Sheet 2: Include the recorded instrument number.
d. Note #13, Sheet 2: Include the recorded instrument number.
e. Graphically depict and include a note(s) referencing the cross-access/ingress-egress easement
required with the preliminary plat between all lots within the subdivision and to the parcels to
the north (#S0425223010), west (#S0425233830) and south (#S0425233810); include the
recorded instrument number(s) on the plat.
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Bountiful Commons – FP H-2018-0084 PAGE 3
5. The landscape plan prepared by The Land Group, dated 7/31/18, shown in Exhibit D, is approved
as submitted. shall be revised as follows:
a. Depict a 3-foot tall berm along the east boundary of the site adjacent to existing residential
uses landscaped in accord with the standards listed in UDC 11-3B-9C.
6. The applicant shall submit a minimum 14-foot wide public pedestrian easement for the multi-use
pathway within this phase to the Planning Division for approval by City Council and recordation
prior to signature on the final plat by the City Engineer.
7. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11-
3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction
fencing to contain debris shall be installed around this phase prior to release of building permits
for this subdivision.
8. To comply with the mitigation requirements listed in UDC 11-3B-10C.5 for existing healthy trees
that are removed from the site, provide an additional 25 caliper inches of trees per lot in Lots 1-6,
Block 1 when lots develop above and beyond the minimum required; or, per the City Arborist
report, donate 25 caliper inches per lot to the City Park’s Department – coordinate tree donation
with Elroy Huff, Park’s Department (ehuff@meridiancity.org) – per the Mitigation Plan in
Exhibit D.
9. One (1) building permit is allowed to be issued prior to recordation of the final plat. Prior to
issuance of this building permit, minimum life safety site improvements must be completed
(sanitary sewer and water installed and activated, a compacted road base is in place, and
directional street signage is installed).
10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
11. A street light plan will need to be included in the development plans. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272
12. A future installation agreement for streetlights on N. Linder Road may be considered due to
upcoming construction by ACHD on N. Linder Road. Contact the Meridian Transportation and
Utility Coordinator for additional information.
13. Construct a minimum 25-foot wide buffer containing a 3-foot tall berm along the east boundary
of the site adjacent to residential uses; the type of buffer/fencing to be provided to be determined
by the City Council with approval of the preliminary plat application.
VII. 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. All improvements related to public life, safety and health shall be completed prior to occupancy
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Bountiful Commons – FP H-2018-0084 PAGE 4
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 th e 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.
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.
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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
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
V. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 6/8/18)
C. Proposed Final Plat (dated: 7/31/18)
D. Proposed Landscape Plan & Tree Mitigation Plan (dated: 7/31/18)
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E. Cross-Sections of Landscape Buffer along East Property Boundary Adjacent to Existing Homes
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Exhibit A – Vicinity/Zoning Map
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Exhibit B – Approved Preliminary Plat (dated: 6/8/18)
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Exhibit C – Proposed Final Plat (dated: 7/31/18)
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Exhibit D – Proposed Landscape Plan (dated: 7/31/18)
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F. Cross-Sections of Landscape Buffer along East Property Boundary Adjacent to Existing Homes
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