Loading...
Lost Rapids FP H-2019-0056 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOST RAPIDS SUBDIVISION H-2019-0056 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 28, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 14 BUILDING LOTS, 1 COMMON LOT AND 1 OTHER LOT ON 36.2 ACRES OF LAND IN THE C-G AND R-40 ZONING DISTRICTS FOR LOST RAPIDS SUBDIVISION BY: GFI – MERIDIAN INVESTMENTS II, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0056 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 28, 2019 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 LOST RAPIDS SUBDIVISION, SITUATED IN A PORTION OF THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: Meridian City Council Meeting Agenda June 11, 2019 – Page 77 of 396 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOST RAPIDS SUBDIVISION H-2019-0056 Page 2 of 3 4/22/2019, by KELLY KEHRER, PLS, SHEET 1 OF 6,” 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 28, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Kirsti Grabo, KM Engineering, 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 Meridian City Council Meeting Agenda June 11, 2019 – Page 78 of 396 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 7 � -ill day of �une, , 2019. By: Tammy de Weerd PEDAU Mayor, City of Meridian Attest: o� = c��ly w „r IDIS IANC' ; IDAHO hri hnson SEAL City Clerk ��tirFp _ ^Slj Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Ckm Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOST RAPIDS SUBDIVISION H-2019-0056 Page 3 of 3 - (i-20�q Page 1 HEARING DATE: 5/28/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0056 Lost Rapids LOCATION: Southwest corner of N. Ten Mile Rd. and W. Chinden Blvd./SH-20/26, in the NE ¼ of Section 27, T.4N., R.1W. I. PROJECT DESCRIPTION Final Plat consisting of 13 building lots, 1 residential building lot, 1 common lot and 1 other lot on 36.2 acres of land in the C-G and R-40 zoning districts for Lost Rapids Subdivision. II.APPLICANT INFORMATION A. Applicant: GFI – Meridian Investments II, LLC – 74 East 500 South, Ste. 200, Bountiful, UT 84010 B. Owners: Costco Wholesale Corporation – 999 Lake Dr., Issaquah, WA 98027 GFI - Meridian Investments II, LLC – 74 East 500 South, Ste. 200, Bountiful, UT 84010 C. Representative: Kelly Kehrer, KM Engineering, LLP – 9233 W. State St., Boise, ID 83714 III.STAFF ANALYSIS 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. Because the final plat depicts the same number of building lots as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. All development shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the C- G zoning district in effect at the time of development. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT A Meridian City Council Meeting Agenda June 11, 2019 – Page 80 of 396 Page 2 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (date: 1/12/2018) Meridian City Council Meeting Agenda June 11, 2019 – Page 81 of 396 Page 3 B. Final Plat (date: 4/22/2019) Meridian City Council Meeting Agenda June 11, 2019 – Page 82 of 396 Page 4 C. Landscape Plan (dated: 2/28/19) Meridian City Council Meeting Agenda June 11, 2019 – Page 83 of 396 Page 5 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-2018-0004, Development Agreement #2018-07970 (GFI) and #2018-069276 (Costco)]. 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council approval of the preliminary plat (on or before 4/24/2021), 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 KM Engineering stamped on 4/22/2019 by Kelly Kehrer, shall be revised as follows: a. Note #11: Include recorded instrument number. b. Note #12: “. . . easement over drive aisles and parking areas . . .” c. There are two (2) note #15’s on Sheet 4 – the second note #15 should be #16. d. Sheet 1: Include instrument number for right-of-way dedication. e. Sheets 2 and 3: Include recorded instrument numbers for ACHD and City of Meridian easements. f. Depict the street buffer within the residential (R-40 zoned) portion of the development within a common lot maintained by the homeowner’s association in accord with UDC 11-3B-7C.2. 5. The landscape plan prepared by KM Engineering, dated 2/28/19, shall be revised as follows: a. All internal landscaping and the site plan should be shown in a lighter line type; only street buffer improvements should be shown in a dark line type. 6. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along W. Chinden Blvd./SH-20/26 prior to City Engineer signature on the final plat; coordinate the details of the easement with Kim Warren, Park’s Department. 7. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the plat. 8. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to application for building permits. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement(s) does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Streetlights for this development will be installed with the ACHD project for Ten Mile Rd. and ITD project for Chinden Blvd. Meridian City Council Meeting Agenda June 11, 2019 – Page 84 of 396 Page 6 2. On Sheet C3.0 of the development plans - Ensure sewer service, serving Lot 9 and immediately upstream of SSMH 5, meets the minimum horizontal separation requirements from proposed SSMH. Sheet C3.0 - Extend 8-inch SS main "to and through", i.e. extend SS main west from SSMH 7 to the property line. Sheet C3.2 - Ensure sewer service, serving Lot 3 and immediately upstream of SSMH 2, meets the minimum horizontal separation requirements from proposed SSMH. 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 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. Meridian City Council Meeting Agenda June 11, 2019 – Page 85 of 396 Page 7 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. 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 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. Meridian City Council Meeting Agenda June 11, 2019 – Page 86 of 396 Page 8 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 avail able, 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. Meridian City Council Meeting Agenda June 11, 2019 – Page 87 of 396 From:Kirsti Grabo To:Sonya Allen Cc:Kelly Kehrer; Donna Wilson Subject:RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Date:Thursday, May 23, 2019 3:33:47 PM Attachments:image006.png Hi Sonya – We have finished our review of the staff report with our clients and are in agreement with the conditions. Please let us know if you have questions or need anything further. Thanks, Kirsti From: Sonya Allen <sallen@meridiancity.org> Sent: Thursday, May 23, 2019 3:28 PM To: Kirsti Grabo <KGrabo@kmengllp.com> Cc: Kelly Kehrer <Kelly@kmengllp.com>; Donna Wilson <DWilson@kmengllp.com> Subject: RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Thanks Kirsti, I forwarded your request to the Clerk. From: Kirsti Grabo <KGrabo@kmengllp.com> Sent: Thursday, May 23, 2019 3:01 PM To: Sonya Allen <sallen@meridiancity.org> Cc: Kelly Kehrer <Kelly@kmengllp.com>; Donna Wilson <DWilson@kmengllp.com> Subject: RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Hi Sonya – The team is still reviewing the staff report, but we would like to be placed on consent agenda. We believe we are fine with the conditions, but with the limited time to review, we can’t be 100% certain. Please go ahead and place us on consent agenda for next Tuesday’s meeting and we’ll touch base if any issues arise that will result in pulling us from consent and placing us on the regular agenda. As soon as I get the official “ok” from the rest of the team, I’ll make sure you have it in writing. Thanks! Kirsti From: Sonya Allen <sallen@meridiancity.org> Sent: Thursday, May 23, 2019 11:59 AM To: Kirsti Grabo <KGrabo@kmengllp.com> Cc: Kelly Kehrer <Kelly@kmengllp.com> EXHIBIT B Meridian City Council Meeting Agenda June 11, 2019 – Page 88 of 396 Subject: RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg From: Sonya Allen Sent: Thursday, May 23, 2019 11:58 AM To: Kelly Kehrer (kelly@kmengllp.com) <kelly@kmengllp.com> Subject: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Attached is the staff report for the proposed final plat for Lost Rapids Subdivision. This item is scheduled to be on the Council agenda on May 28th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kelly - Please submit any written response you may have to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible. If you’re in agreement with the staff report and send me a response to that effect before 3:00 pm (which doesn’t give you a lot of time, sorry) we can put it on the consent agenda; otherwise, it will be on the regular agenda. Thanks, Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578   Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,  in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda June 11, 2019 – Page 89 of 396