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Firenze Plaza Subdivision H-2019-0067 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FIRENZE PLAZA – FP H-2019-0067 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 16, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF ELEVEN (11) BUILDING LOT AND TWO (2) COMMON LOTS ON 15.92 ACRES OF LAND IN THE C-C ZONING DISTRICT FOR FIRENZE PLAZA SUBDIVISION BY: THE LAND GROUP, INC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0067 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 16, 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 “FINAL PLAT, FIRENZE PLAZA SUBDIVISION, LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, DATE: 5/14/2019, by JAMES R. Meridian City Council Meeting Agenda August 6, 2019 – Page 121 of 400 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FIRENZE PLAZA – FP H-2019-0067 Page 2 of 3 WASHBURN, PLS, SHEET 1 OF 5,” 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 July 16, 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 Rodger Collins, The Land Group Inc., 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 August 6, 2019 – Page 122 of 400 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 (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 52019. Qo_PSED AUGUST, Ta Weerd o� o Mayor, City of Meridian Attest: = c ily of r /� CE IDIAN* City EAL ,c 1011 the TRE �: day of Copy/served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8 -6 -1q ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FIRENZE PLAZA — FP H-2019-0067 Page 3 of 3 EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 7/16/2019 TO: City Council FROM: Kevin Holmes, Associate Planner Bruce Freckleton, Development Services Manager SUBJECT: H-2019-0067 Firenze Plaza Subdivision PROPERTY LOCATION: NWC of E. Amity Rd. and S. Eagle Rd. I. PROJECT DESCRIPTION Request for final plat consisting of eleven (11) commercial building lots and two (2) common lots on 15.92 acres of land in the C-C zoning district, by The Land Group, Inc. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 15.92 Future Land Use Designation MU-C Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial Current Zoning C-C Proposed Zoning NA Lots (# and type; bldg/common) 11/2 Physical Features Tenmile Feeder Canal bisects the SW corner of the property History (previous approvals) H-2016-0102 (AZ, CPAM, PP); DA instrument # 2017-041827; A- 2019-0120 (TED) III. APPLICANT INFORMATION A. Applicant Roger Collins The Land Group, Inc. 462 E. Shore Dr. Eagle, ID 83616 Meridian City Council Meeting Agenda August 6, 2019 – Page 124 of 400 EXHIBIT A Page 2 B. Owner: ABS ID-O, LLC 250 Parkcenter Blvd. Boise, ID 83726 C. Representative: Same as applicant IV. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. The preliminary plat depicts eleven (11) commercial lots, two (2) common lots, and one (1) right-of-way (ROW) lot; the proposed final plat depicts this same count and configuration. As such, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. A. Existing Structures/Site Improvements: None B. Dimensional Standards: Comply with UDC Table 11-2B-3 for the C-C district (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306) C. Access: Two (2) public street accesses are proposed, one via S. Eagle Rd. (arterial) and one via E. Amity Rd. (arterial). In addition, two (2) right-in, right-out connections (one each to S. Eagle Rd. and E. Amity Rd.) are proposed; a cross-access/ingress-egress agreement between the commercial lots in the development shall be provided to the Meridian Planning Division in accord with UDC 11-3A-3A.2 and preliminary plat condition #1.1.3b. D. Sidewalks: A minimum five-foot (5’) wide detached sidewalk is required along S. Eagle Rd. and E. Amity Rd., both arterial streets, in accord with the recorded development agreement and preliminary plat. This sidewalk shall be located in the required twenty-five foot (25’) landscape buffer per Table 11-2B-3. A five-foot (5’) wide detached sidewalk is required along the east side of S. Montague St., a collector street, and is to be constructed with the first phase of development per the recorded development agreement. Detached five-foot (5’) sidewalks are proposed on both sides of S. Cubola Ave. and E. Mount Etna Dr., both local streets, in accord with UDC 11-3A-17. E. Pathways: None F. Landscaping A twenty-five foot (25’) wide street buffer is required along S. Eagle Rd. and E. Amity Rd., both arterial streets, measured from back of curb; a twenty-foot (20’) wide buffer is required along S. Montague St., a collector street, measured from back of curb; a ten-foot (10’) wide landscape buffer is required along the C-C zoned frontages of S. Cubola Ave. and E. Mount Etna Dr., both local streets, as set forth in UDC Table 11-2B-3. Landscaping is required within the buffer in accord with the standards listed in UDC 11-3B-7C. Meridian City Council Meeting Agenda August 6, 2019 – Page 125 of 400 EXHIBIT A Page 3 The landscape plan depicts a twenty-foot (20’) wide street buffer (including the sidewalk) along portions of S. Eagle Rd. and E. Amity Rd.; the buffer should be widened to a minimum of twenty-five feet (25’) (including the sidewalk). The landscape buffer along the entire frontage of S. Montague Way shall be built with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site, per the recorded development agreement. When the two (2) R-8 zoned properties to the east are platted, this landscape buffer shall be included as a common lot to be maintained by a homeowners association in accord with UDC 11-3B-7C.2.a. The internal landscaping of the commercial lots shall be reviewed through subsequent Certificate of Zoning Compliance (CZC) and Design Review (DES) applications and shall conform with all applicable City of Meridian landscaping requirements. G. Parkways: Parkways are required to comply with the standards listed in UDC 11-3A-17E. H. Waterways: The Tenmile Feeder Canal runs through the SW corner of the property. Per requirements of UDC 11-3A-6B.3, this canal shall be piped or otherwise covered. I. Fencing: No fencing is depicted on the landscape plan. J. Utilities: All development is required to be connected to City water and sewer systems; street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances per UDC 11-3A-21. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. VI. EXHIBITS See following page Meridian City Council Meeting Agenda August 6, 2019 – Page 126 of 400 EXHIBIT A Page 4 A. Preliminary Plat Meridian City Council Meeting Agenda August 6, 2019 – Page 127 of 400 EXHIBIT A Page 5 B. Final Plat Meridian City Council Meeting Agenda August 6, 2019 – Page 128 of 400 EXHIBIT A Page 6 Meridian City Council Meeting Agenda August 6, 2019 – Page 129 of 400 EXHIBIT A Page 7 C. Landscape Plan Meridian City Council Meeting Agenda August 6, 2019 – Page 130 of 400 EXHIBIT A Page 8 Meridian City Council Meeting Agenda August 6, 2019 – Page 131 of 400 EXHIBIT A Page 9 Meridian City Council Meeting Agenda August 6, 2019 – Page 132 of 400 EXHIBIT A Page 10 Meridian City Council Meeting Agenda August 6, 2019 – Page 133 of 400 EXHIBIT A Page 11 VII. 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-2016-0102 (AZ, CPAM, PP); DA Instrument # 2017-041827; A- 2019-0120 (TED)]. 2. The applicant shall obtain the City Engineer’s signature on the subject final plat by August 7, 2020, 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 The Land Group, Inc., stamped on 5/14/2019 by James R. Washburn, included in Exhibit B shall be revised as follows: a. Graphically depict the following dedicated landscape buffers (or common lots) in accord with UDC 11-3B-7: a twenty-five foot (25’) wide street buffer along S. Eagle Rd. and E. Amity Rd., both arterial streets, measured from back of curb; a twenty- foot (20’) wide buffer along S. Montague St., a collector street, measured from back of curb; a ten-foot (10’) wide landscape buffer along the C-C zoned frontages of S. Cubola Ave. and E. Mount Etna Dr. b. Note #2: Include Lot 3, Block 1 as a designated common lot. c. Note #9: Include the name and instrument number of the master declaration of covenants, conditions, restrictions and easements. d. Note #10: Include the recorded instrument number of the temporary ACHD Landscape License Agreement. e. Note #11: Include the recorded instrument number of the existing ACHD Landscape License Agreement f. Note #12: Include the instrument number for the recorded development agreement. g. Note #13: Include the instrument number for the recorded cut-fill easement. h. Include a note that references the recorded cross-access/ingress-egress for all commercial lots in accord with UDC 11-3A-3A.2 and preliminary plat condition #1.1.3b. 5. The landscape plan prepared by The Land Group, Inc., dated 4/12/19 included in Exhibit C, shall be revised as follows: a. Construct a twenty-five foot (25’) wide street buffer along S. Eagle Rd. and E. Amity Rd. in accord with the standards listed in UDC 11-3B-7C. b. Construct a 20-foot wide landscape buffer along the east side of E. Montague St. per the recorded development agreement in accord with UDC 11-3B-7C. Said landscape buffer shall be owned and by maintained by the current property owner until the R-8 portion of the property subdivides and is included as a common lot to be owned and maintained by a homeowner’s association. 6. 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 134 of 400 EXHIBIT A Page 12 7. The applicant shall obtain a certificate of zoning compliance and administrative design review prior to commencing construction on any of the buildable lots. 8. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval of the mailbox locations. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. B. Public Works Site Specific Conditions of Approval: 1. Applicant shall be required to complete the water main connection to Eagle Road with this development, to provide a redundant connection. 2. Applicant shall verify when the water main connection will be completed to Amity Road. 3. Add City of Meridian standard streetlights notes founds at: https://meridiancity.org/land/files/STANDARD%20NOTES%20- %20Street%20Lights%20AP%203-29-18%20LDWEB.pdf 4. Move lights 52555c to the north mid-block between E. Mount Etna Dr. and E. Taormina Dr. 5. Add additional streetlight between E. Taormina Dr. and E. Amity Road on S. Montague Way. 6. If ACHD does not install streetlights on E. Amity Road and S. Eagle road this development will be responsible for the installation with the building permit. General Conditions of Approval: 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 Meridian City Council Meeting Agenda August 6, 2019 – Page 135 of 400 EXHIBIT A Page 13 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. 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 136 of 400 EXHIBIT A Page 14 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 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 August 6, 2019 – Page 137 of 400 Exhibit B July 25, 2019 Kevin Holmes, Associate City Planner City of Meridian – Development Services 33. E. Broadway Ave., Suite 102 Meridian, Idaho 83642 RE: H-2019-0067 Firenze Plaza Subdivision | NWC Amity & Eagle Final Plat | PN 116015 Dear Kevin, Upon review of the staff report H-2019-0067 for the Final Plat hearing on Firenze Plaza we agree to all conditions set forth in the staff report and have no objections. Revisions to the construction drawings and Final Plat drawings are underway to reflect those changes delineated in the conditions of approval. Sincerely, Roger Collins, Sr. Planner The Land Group, Inc. Meridian City Council Meeting Agenda August 6, 2019 – Page 138 of 400