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Rackham Subdivision (H-2019-0128) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RACKHAM SUBDIVISION – FP H-2019-0128 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 17, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 20 BUILDING LOTS ON 51.59 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR RACKHAM SUBDIVISION BY: BVA DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0128 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 17, 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 RACKHAM SUBDIVISION, SITUATED IN THE N. ½ OF THE S.W. ¼ OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 12/10/2019, by FRITZ Meridian City Council Meeting Agenda January 7, 2020 – Page 230 of 552 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RACKHAM SUBDIVISION – FP H-2019-0128 Page 2 of 3 BROWNELL, 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 December 17, 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 Geoffrey, Wardle, Clark 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 Meridian City Council Meeting Agenda January 7, 2020 – Page 231 of 552 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 January , 2020. O�PiED Ao(,� J Attest: 0e -Q �_ City of E IDIAN#4--� IDAHO C o � SEAL 4 P City Clerl 7th By: Tammy de Wye/'d Mayor, City V Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: (�h 6'� 11'"L &JOT , Dated: t -q -A oac- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RACKHAM SUBDIVISION — FP H-2019-0128 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 12/17/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0128 Rackham Subdivision LOCATION: Southeast corner of I-84 & S. Eagle Rd. at 1020 S. Eagle Rd. (S1116325510) I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 20 building lots on 51.59 acres of land in the C-G zoning district. II. APPLICANT INFORMATION A. Applicant: BVA Development – 2775 W. Navigator Dr. #220, Meridian, ID 83642 B. Owner: BVABC Eagle View, LLC – 2775 W. Navigator Dr., 2nd Floor, Meridian, ID 83642 C. Representative: Geoffrey Wardle, Spink Butler, LLP – 251 E. Front Street, #200, Boise, ID 83702 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the standards listed in UDC 11-6B-3C.2. The proposed plat contains the same number of building lots as shown on the preliminary plat. Therefore, Staff finds the proposed plat is in substantial compliance with the approved preliminary plat as required, subject to the conditions in Section VI. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda January 7, 2020 – Page 233 of 552 Page 2 IV. DECISION Staff: Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 5/3/2019) Meridian City Council Meeting Agenda January 7, 2020 – Page 234 of 552 Page 3 B. Final Plat (date: 12/10/2019) Meridian City Council Meeting Agenda January 7, 2020 – Page 235 of 552 Page 4 Meridian City Council Meeting Agenda January 7, 2020 – Page 236 of 552 Page 5 C. Landscape Plan (dated: 10/25/19) Meridian City Council Meeting Agenda January 7, 2020 – Page 237 of 552 Page 6 Meridian City Council Meeting Agenda January 7, 2020 – Page 238 of 552 Page 7 Meridian City Council Meeting Agenda January 7, 2020 – Page 239 of 552 Page 8 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-2018-0126, Development Agreement #2019-037825; and H-2019-0081, amended Development Agreement #2019-088365). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by July 23, 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 Horrocks Engineers, stamped on 12/10/2019 by Fritz Brownell, included in Section VII.B shall be revised as follows: a. Modify Note #10 as follows: “. . . Instrument No. 2019-037825. . .” b. There are two notes under note #10; include a separate note for the NMID license agreement. c. Note #12: Include recorded instrument number. d. Note #13: Include the recorded instrument number for the ACHD license agreement. Meridian City Council Meeting Agenda January 7, 2020 – Page 240 of 552 Page 9 e. Note #14: Include the recorded instrument number for the NMID license agreement. f. Note 15: Include the recorded instrument number for the CC&R’s. g. Re-number Note 13 (currently shown after note #15) and include information on what the temporary license agreement is for. h. The buffer along S. Silverstone Way shall be depicted on a common lot or on a permanent dedicated buffer maintained by the business owners’ association in accord with UDC 11-3B-7C.2b. j. Add a note referencing the recorded instrument number for the cross-access easement and maintenance agreement for the (east/west) shared driveway with the property to the south along the southern boundary of the site west of S. Silverstone Way (depicted as #18); submit a recorded copy of the easement agreement to the Planning Division. 5. The landscape plan prepared by Baer Design Group, LLC, dated 10/25/19, shall be revised as follows: a. Trees planted within the clear vision triangle adjacent to S. Silverstone Way shall be pruned to a minimum height of 8 feet above the ground or sidewalk surface and 14 feet above the adjacent street surface as set forth in UDC 11-3A-3B.2; or, they shall be relocated outside of the vision triangle. b. Adjacent to I-84, if the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, a 10-foot wide gravel shoulder shall be maintained meeting the construction standards of the transportation authority and the remainder shall be landscaped with lawn or other vegetative groundcover; a license agreement is required for any landscape improvements within the right-of-way, as set forth in UDC 11-3B-7C.5. Note: Although not required with this application, a 25-foot wide landscape buffer to adjoining residential uses is required with lot development in accord with the standards listed in UDC 11-3B-9C as applicable. 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. B. Public Works Site Specific Conditions: 1. Please address the following specific comments regarding the development plans: a. Note 38 calls for 6" PVC SDR-35 Sewer Lines. I'm assuming these are service lines not sewer main lines. Sewer main lines must be 8". Update note or update line size accordingly. b. Add note that all service lines must be a minimum of 2% slope. c. Add lengths of service lines to plans. d. Service line connecting to SSMH-A1 does not have 3 ft. of cover. 3 ft. of cover required. e. Sewer main line connecting to SSMH-A1 does not have 3 ft. of cover in all areas. 3 ft. of cover required. f. Distance between SSMH-A1 and SSMH-A3 exceeds 400 ft. Max allowed spacing is 400 ft. g. Manhole labeling shall be in consecutive order. This is not the case as there is no SSMH - Meridian City Council Meeting Agenda January 7, 2020 – Page 241 of 552 Page 10 A2. Re-number manholes accordingly. h. Angle of between the west pipe and south piping coming into SSMH-A4 must be 90 degrees minimum. Currently it is less than this and needs to be adjusted. i. SSMH-A6 Rim needs to extend to proposed pavement. j. Clean-out required on 8" line where sewer main ends on north side of the Road B and Road C intersection. k. SSMH-C1 is missing label name and rim in profile view. l. No service line for Lot 2. How will lot be serviced? m. No service line for Lot 8. How will lot be serviced? n. No service line for Lot 10. How will lot be serviced? o. No service line for Lot 11. How will lot be serviced? General Conditions: 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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 Meridian City Council Meeting Agenda January 7, 2020 – Page 242 of 552 Page 11 found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. 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. 10. 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. 11. It shall be the responsibility of the applicant to ensure that all development feature s comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 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. 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 Meridian City Council Meeting Agenda January 7, 2020 – Page 243 of 552 Page 12 submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 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 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. 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 the Central District Health Department for abandonment procedures and inspections. 24. 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. 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 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 January 7, 2020 – Page 244 of 552 Geoffrey M. Wardle 208.388.3321 gwardle@clarkwardle.com Via Email: sallen@meridiancity.org Sonya Allen, Associate Planner City of Meridian Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, Idaho 83642 Re: Rackham FP H-2019-0128 — Written Response to Staff Report CW File No. 23693.0 Dear Sonya, We are in agreement with the staff report and conditions for approval for H-2019-0128 for Rackham Subdivision and request that this matter be placed on the Consent Agenda for December 17, 2019. With respect to the Site Specific Conditions of Approval, those are all in process and will be revised in due course. Additional comments are provided on some of the comments/conditions to identify the manner in which we are revising and resolving them: Comment/Condition: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0126, Development Agreement #2019-037825; and H-2019-0081, amended Development Agreement #2019-088365). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat (by July 23, 2021), or apply for a time extension, in accord with UDC 11-68-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Response: We will comply with the conditions. Comment/Condition: 4a. Modify Note #10 as follows: "... Instrument No. 2019-037825..." Response: Note will be modified accordingly. Comment/Condition: 4b. There are two notes under note #10; include a separate note for the NMID license agreement. Response: We have confirmed with NMID that a license agreement is not needed, that portion of the note will be removed. T. Hethe Clark Ceoffrey M. Wardle Joshua J. Leonard T: 208.388.1000 251 E Front St, Suite 310 F: 208.388.1001 PO Box 639 clarkwardle.com Boise ID 83701 EXHIBIT B Meridian City Council Meeting Agenda January 7, 2020 – Page 245 of 552 Sonya Allen, City of Meridian Written Response to Staff Report — Rackham FP H-2019-0128 Page 2 Comment/Condition: 4c. Note #12: Include recorded instrument number. Response: The recorded instrument number has been added to the plat. Comment/Condition: 4d. Note #13: Include the recorded instrument number for the ACHD license agreement. Response: Note #13 will be removed as no license agreement is anticipated with ACHD. All ACHD improvements outside of the ACHD right-of-way shall be included within an easement and responsibilities of each party will be outlined in the easement document. Note that the ACHD right-of- way will not have a lot number assigned, the plat has been corrected to indicate this and renumbered accordingly. Comment/Condition: 4e. Note #14: Include the recorded instrument number for the NMID license agreement. Response: Note #14 will be removed from the plat, we have discussed with NMID and do not anticipate needing a licensed agreement between the developer and NMID. Comment/Condition: 4f. Note 15: Include the recorded instrument number for the CC&R's. Response: The recorded instrument number will be added to the plat upon recordation. Comment/Condition: 4g. Re -number Note 13 (currently shown after note #15) and include information on what the temporary license agreement is for. Response: This note shall be removed as no temporary license agreement is requested of required. Comment/Condition: 4h. The buffer along S. Silverstone Way shall be depicted on a common lot or on a permanent dedicated buffer maintained by the business owners' association in accord with UDC 11-38- 7C.2b. Response: The property owner will maintain the distance required from any structure to the curb as defined by the cities required landscape buffer. No common lot is proposed, this will be addressed through a permanent dedicated buffer as indicated. Comment/Condition: 4j. Add a note referencing the recorded instrument number for the cross -access easement and maintenance agreement for the (east/west) shared driveway with the property to the south along the southern boundary of the site west of S. Silverstone Way (depicted as #18); submit a recorded copy of the easement agreement to the Planning Division. Response: The easement agreement shall be provided to the city upon execution and the instrument number will be reflected on the plat as requested. Meridian City Council Meeting Agenda January 7, 2020 – Page 246 of 552 Sonya Allen, City of Meridian Written Response to Staff Report — Rackham FP H-2019-0128 Page 3 Comment/Condition: 5a. Trees planted within the clear vision triangle adjacent to S. Silverstone Way shall be pruned to a minimum height of 8 feet above the ground or sidewalk surface and 14 feet above the adjacent street surface as set forth in UDC 11 -3A -3B.2, or, they shall be relocated outside of the vision triangle. Response: Notes have been added to the landscape plan and will be provided to the city to address the comments regarding vision triangles. Comment/Condition: 5j. Add a note referencing the recorded instrument number for the cross -access easement and maintenance agreement for the (east/west) shared driveway with the property to the south along the southern boundary of the site west of S. Silverstone Way (depicted as #18); submit a recorded copy of the easement agreement to the Planning Division. Response: We do not anticipate any improvements required along the ITD frontage. There appears to be an adequate shoulder and through coordination/discussion with ITD on this project as well as a letter addressing their comments. Following a review of the traffic impact study, ITD has made no indication that improvements should be required. We do not anticipate ITD requiring anything that would warrant a license agreement at this time. Comment/Condition: B1. Please address the following specific comments regarding the development plans: a. Note 38 calls for 6" PVC SDR -35 Sewer Lines. I'm assuming these are service lines not sewer main lines. Sewer main lines must be 8". Update note or update line size accordingly. Response: These lines are services, the note has been updated accordingly. Comment/Condition: B1b. Add note that all service lines must be a minimum of 2% slope. Response: This information is included in the sewer service Keynote. Comment/Condition: B1c. Add lengths of service lines to plans. Response: Lengths of services have been added to plans. Comment/Condition: B1d. Service line connecting to SSMH-A1 does not have 3 ft. of cover. 3 ft. of cover required. B1e. Sewer main line connecting to SSMH-A1 does not have 3 ft. of cover in all areas. 3 ft. of cover required. B1f. Distance between SSMH-A1 and SSMH-A3 exceeds 400 ft. Max allowed spacing is 400 ft. B19. Manhole labeling shall be in consecutive order. This is not the case as there is no SSMH-A2. Re -number manholes accordingly. B1h. Angle of between the west pipe and south piping coming into SSMH-A4 must be 90 degrees minimum. Currently it is less than this and needs to be adjusted. B1i. SSMH-A6 Rim needs to extend to proposed pavement. B1j. Clean-out required on 8" line where sewer main ends on north side of the Road B and Road C intersection. Meridian City Council Meeting Agenda January 7, 2020 – Page 247 of 552 Sonya Allen, City of Meridian Written Response to Staff Report — Rackham FP H-2019-0128 Page 4 81k. SSMH-C1 is missing label name and rim in profile view. Response: These comments were previously addressed through public works plan review as part of the construction plan approval. The plans are now approved for construction by City of Meridian and QLPE. Comment/Condition: 811. No service line for Lot 2. How will lot be serviced? 81m. No service line for Lot 8. How will lot be serviced? 81n. No service line for Lot 10. How will lot be serviced? 81o. No service line for Lot 11. How will lot be serviced? Response: Services to lot 2 have been added to plans tying into sewer main on Road A and existing water main south of Road A. Lot 8 water and sewer services are constructed as part of the ICCU project. Sewer and water services for Lots 10 and 11 will be constructed as part of the "Eagle View Retail SE & SW" construction drawings which are currently in for City review. If you have any questions, please do not hesitate to contact me directly. Sincerely, Geoffrey M. Wardle GWM/Ic Meridian City Council Meeting Agenda January 7, 2020 – Page 248 of 552