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Victory Commons H-2019-0150 Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Preliminary Plat Consisting of Twelve(12)Building Lots on 16.74 Acres of Land in the C-G Zone,by BVA Development. Case No(s). H-2019-0150 For the City Council Hearing Date of: June 9, 2020 (Findings on June 23, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 9,2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 9, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 9, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 9,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 9, 2020, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(VICTORY COMMONS H-2019-0150) - 1 - Meridian City Council Meeting Agenda June 23,2020— Page 124 of 216 reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 9,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of June 9,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(VICTORY COMMONS H-2019-0150) -2- Meridian City Council Meeting Agenda June 23,2020— Page 125 of 216 By action of the City Council at its regular meeting held on the 23rd day of June 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: June 23, 2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(VICTORY COMMONS H-2019-0150) -3 - Meridian City Council Meeting Agenda June 23,2020— Page 126 of 216 EXHIBIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING June 9,2020 Legend e DATE: 1 Prnjeat Luca*or. TO: Mayor&City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 - SUBJECT: H-2019-0150 Victory Commons - r LOCATION: 130 E.Victory Road and 3030 S. Meridian Road, in the southwest'/4 of Section 19, T.3N. R.1E. I. PROJECT DESCRIPTION Preliminary plat consisting of twelve(12)building lots on 16.74 acres of land in the C-G zoning district. Page 1 Meridian City Council Meeting Agenda June 23,2020— Page 127 of 216 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 16.74 Future Land Use Designation Commercial Existing Land Use Multi-tenant building and Commercial Nursery Proposed Land Use(s) Mix of commercial Current Zoning C-G Proposed Zoning NA Lots(#and type;bldg/common) 12 building lots Phasing plan(#of phases) 2 Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of April 20,2020;7 participated via Zoom and one inquired via attendees: email History(previous approvals) AZ-03-038;PFP-03-007;H-2019-0091 and DA inst.#2019- 119405 and Three(3)CZC approvals-A-2019-0361;A- 2020-007 and A-2020-0063 B. Community Metrics Page 2 Meridian City Council Meeting Agenda June 23,2020— Page 128 of 216 Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires ACHD No Commission Action(yes/no) Fire Service • Distance to Fire 2 miles from Fire Station#6 Station • Fire Response 4 minutes under ideal conditions Time • Resource Current reliability is unknown at this time for this station as it will open in Reliability March of this year. • Risk Identification This proposed commercial development has a risk factor of 4,in which current resources would not be adequate to supply service to this propose project.Risk factors include industrial buildings with unknown uses or chemicals involved. This entails a greater risk for the occupants as well as first responders.Fire,life safety systems and occupant training are critical for this development. Other hazards may be found once the development is completed. • Accessibility This project meets all required access,road widths and turnarounds.Any building over 30'in height will need 26' drive aisles around it for ladder truck access.The roadways shall be maintained 365 days a year for fire,EMS and police responses. • Special/resource This proposed project will require an aerial device.The closest truck company needs is 7 minutes travel time(under ideal conditions)to the proposed development, and therefore the Fire Department can meet this need in the required timeframe if a truck company is required.This fire station is approximately 2.5 miles from the project. In the event of a hazmat event,there will need to be mutual aid required for the development. In the event of a structure fire an additional truck company will be required.This will require additional time delays as a second truck company is not available in the city. • Water Supply Requires 2,000 gallons per minute for 2 hours;may be less if building is fully sprinklered Police Service • Distance to Police 3 miles Station • Police Response The expected response time to this area in an emergency is about 3 1/2 Time minutes. The average emergency response time in the City of Meridian is just under 4 minutes. • Calls for Service 449 • %of calls for See comments in Section VIII.D service split by priority • Accessibility The Meridian Police Department has no concerns with access into the proposed development. • Specialty/resource The Meridian Police Department already serves this geographic area and does needs not require additional resources at this time. • Crimes 81 Page 3 Meridian City Council Meeting Agenda June 23,2020— Page 129 of 216 • Crashes 56 • Other Reports The Meridian Police Department has no outstanding issues concerning this development application. Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed Ten Mile Trunkshed • Estimated Project See application information Sewer ERU's • WRRF Declining 13.83 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns Additional 3,758 gpd of commercial flow and 296 gpd of infiltration flow committed to model. Water • Distance to Water Directly adjacent Services • Pressure Zone 4 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns There are two existing 8-inch sanitary sewer stubs that are not being utilized and must be abandoned at the main.One stub is located off of Meridian Rd and the other stub is located off of Victory Rd. Page 4 Meridian City Council Meeting Agenda June 23,2020— Page 130 of 216 1 1 1 ode::_ �� - �. �11•f " III i 'i t' •,1. 1 IIIII . 9! —77NEI NONE UNION •x• I••IIIII ■ 1 EN IIIII- � - I�1111 ■ � I _■u_■ ■a Axel a ■ ■:■so• ■ 71 � _ 'i-.+K.:. I _•��,y- Irk" �� "`fir. ■ '�■11 U. 1 i �' '' ...i...... ON III �1 r ' fary 'j "I = ■■ .� - = IIII - IIII - '.^.4,'! -'•'_. - I III ■�1111 _ = y .:. _ ■IIIYI IY - -IIIIIIIIIIS IIIII[ �4 �,•?_+2L-�r" � ■1.1.1 NO III IN ■■�■■ . 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NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 4/17/2020 05/19/2020 Radius notification mailed to properties within 300 feet 4/14/2020 5/22/2020 Public hearing notice sign posted 4/7/2020 5/28/2020 on site Nextdoor posting 4/14/2020 5/19/2020 V. STAFF ANALYSIS Comprehensive Plan(https://www.meridianciU.orglcompplan): This property is designated Commercial on the City's Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation provides a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities.As noted above,the subject property is currently zoned C-G and the amended development agreement for this property depicts a mix of commercial uses to serve area residents as follows: medical office,retail and flex space which is consistent with the land use designation. 3.02.00 -Maintain, improve, and expand the City's infrastructure to meet existing and growing demands in a timely, orderly, and logical manner. The property is currently using City services. Public Works has no concerns with further intensification as the proposed development is extending City infrastructure in accord with the adopted water and sewer master plan. 3.02.01 G-Establish and maintain levels of service for public facilities and services, including water, sewer,police,transportation, schools,fire, and parks. The proposed development is already being provided City services and should not increase the impact to these facilities. The commercial development will not impact the local schools or City parks. The transportation agencies (ITD and ACHD) have assessed the impacts to the transportation network.ACHD is not requiring any further improvements to the Victory Road and ITD and the City Council approved the relocation of the Meridian Road access with the approval of the amended development agreement. The applicant has secured the necessary permits from ITD to construct the new access, including the construction of a deceleration lane on S. Meridian Road to mitigate traffic concerns. 5.01.02D -Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods. With the approval of the amended development agreement, the Council approved a conceptual site plan and building elevations for the development. The conceptual site design depicts buildings along the periphery and parking internal to the development. Due to the existing topography of the area, the commercial development is several feet lower than the adjacent residential development and the existing 60 foot Kennedy Lateral easement provides adequate buffering. The Council was also sensitive to the concerns of the surrounding residential development and limited the building height to 35 feet in the amended DA. To integrate the Page 6 Meridian City Council Meeting Agenda June 23,2020— Page 132 of 216 commercial and adjacent residential development, the pedestrian pathway constructed with the residential development is being extended into this development with the construction of the Urgent Care facility in the northern portion of the development. A. PRELIMINARY PLAT The proposed preliminary plat consists of 12 building lots on 16.74 acres of land in the C-G zoning district. This is a re-subdivision of Lot 2,Block 1 and Parcel A of ROS 8699 of Mussell Corner Subdivision. Existing Structures/Site Improvements: The site is developed with a commercial nursery and a multi-tenant building. There is a urgent care facility that is currently under construction along the north boundary of the site, approved with file No.A-2019-0361. Other uses approved for the site include a retail paint store and a multi-tenant flex building. Dimensional Standards (UDC Table 11-2B-3): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. The C-G district has no minimum lot size or street frontage requirements. Phasing Plan: The subdivision is proposed to develop in two(2)phases as shown on the phasing plan in Section VII.A. Phase 1 consists of the northern half of the development and phase 2 is the southern half. Access(UDC 11-3A-3,11-3H- : The primary access to this site is proposed via S. Meridian Road, a state highway(right-in/right- out only) and full access via E. Victory Road,an arterial street. The approved development agreement for this property allows these accesses to remain in accord with ITD and ACHD policies.No other access points are approved or proposed with this development. All lots in this subdivision are subject to cross-access and parking easements per the note on the plat(note#9)in accord with UDC 11-3A-3A.2. Further,the applicant is depicting a shared driveway with the C-store on the south boundary of Lot 4,Block 1. There are two other parcels the abut this site that also require cross access per the amended DA. Prior to signature on the first phase of the plat,the applicant shall grant cross access to parcel#R5915720030, R5915720042 and R6242270030 in accord with the amended development agreement. Traffic: The applicant has submitted a traffic study to ACHD for review and approval. ACHD has reviewed the traffic's impact against current ACHD policies. ACHD staff has concluded that the proposed development meets the current thresholds of the adjacent roadways and ACHD is not requiring any further roadway improvements to Victory Road. As mentioned previously,the Council and ITD approved the relocation of the S.Meridian Road access with the approval of the amended development agreement. The applicant did provide a traffic study to ITD to analyze the relocation of the access.ITD required the existing access to Meridian Road close and supported the relocation of the new access predicated on the it being restricted to a right-in/right-out only,construction of a center median and a northbound right turn lane into the development and dedication of additional right-of-way for future expansion.Both ACHD and City staff recommend that the applicant comply with ITD requirements. Pathways(UDC 11-3A-8): The UDC requires a 10-foot multi-use pathway along the Meridian Road frontage. Currently, there is a five foot detached sidewalk constructed along this frontage. With the closure of the northern most access,the applicant is responsible for extending a portion of the 10-foot pathway Page 7 Meridian City Council Meeting Agenda June 23,2020— Page 133 of 216 in the area of the access closure and connect the new segment of 10-foot pathway to the existing 5-foot sidewalk. The City is not requiring the extension of the pathway along the entire frontage, however, it is the desire of the City to have a 10-foot pathway installed along the entire frontage some day. For now,the applicant shall record a pedestrian easement over the new segment of the pathway and existing sidewalk to facilitate expansion in the future per the amended development agreement. Sidewalks(UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A- 17. A 5-foot detached sidewalk exists along E.Victory Road in accord with UDC standards. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Table 11-2B-3 for the C- G zoning district in accord with the standards listed in UDC 11-3B-7C. As noted above,there is an existing 60-foot wide Kennedy Lateral easement along the northeast boundary of the development and significant slopes. Constructing a buffer between the commercial property and the residential use is not feasible. The UDC allows the existing lateral to act as the adequate buffer to the residential use provided the applicant construct a 5-foot wide landscape buffer outside of the easement and landscape the area in accord with UDC 11-3B-9 or gain NMID approval to construct the buffer within the easement as proposed on the submitted landscape plan. However, on the east boundary,the property does abut a residential property,zoned R-4. With phase 2 of the development and when development is proposed for Lot 9,Block 1,the applicant will be responsible for constructing a 25-foot wide landscape buffer on the east boundary with trees that touch at maturity in accord with UDC 11-3B-9C. A 35-foot wide buffer is required S. Meridian Road, an entryway corridor, and a 25-foot wide buffer is required along E. Victory Road, an arterial street. The buffers along S.Meridian Road and E.Victory Road Way should be depicted on the plat on a common lot or on a permanent dedicated buffer maintained by the business owners' association in accord with UDC 11-313-7C.2b.Per the amended development agreement,the applicant is required to construct the 25-foot landscape buffer along E.Victory Road prior to occupancy of the first structure on the property.The applicant shall revise the submitted landscape plan to include the 25-foot landscape buffer per the amended development agreement. The required landscape buffers shall be measured from the ultimate right-of-way as anticipated by the transportation agencies in accord with UDC 11-3B-7Cl.c. Waterways(UDC 11-3A-�: The Kennedy Lateral traverse the along the northwest boundary of the development and is piped in accord with UDC standards. Utilities(UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-I5): An underground pressurized irrigation system is required to be provided for each lot within the development. The delivery of surface water is provided by the Nampa Meridian Irrigation District. The pump house is constructed on Lot 5,Block 1 of Mussell Corner Subdivision,located in the northeast corner of the development. Page 8 Meridian City Council Meeting Agenda June 23,2020— Page 134 of 216 Storm Drainage(UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted and approved with the amended development agreement. As noted above, several buildings have been approved for construction within the proposed development consistent with these elevations and the ASM. All future structures are required to comply with the elevations in the amended development agreement,the design standards listed in UDC 11-3A-19 and those in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on May 7, 2020. At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing: a. In favor: Geoffery Wardle b. In opposition:None c. Commenting. None d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) testimony a. None 3. Ke, ids)of discussion by Commission: a. Height of the proposed structures b. Pedestrian connection from the adjacent residential development c. Timing for the Victory Road access d. Parking ratio for the proposed development e. Timing for the installation of the 25-foot wide landsape buffer alongVictory ictory Road 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard this item on June 9,2020.At the public hearing,the Council moved to approve the subject PP reauest. I. Summary of the City Council public hearing: a. In favor: Geoffrey Wardle b. In opposition: None C. Commenting:None d. Written testimony:None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Kev issue(s)of public testimony: a. None Page 9 Meridian City Council Meeting Agenda June 23,2020— Page 135 of 216 3. Key issue(s)of discussion by City Council: a. Internal access of the convenience store if the access to Victory Road is restricted in the future by ACHD b. Extension of the pathway system along Meridian Road C. Potential uses and parking for the site d. Restricting drive-through uses on the site 4. City Council change(s)to Commission recommendation. a. None Page 10 Meridian City Council Meeting Agenda June 23,2020— Page 136 of 216 VII. EXHIBITS A. Preliminary Plat(dated: 11/20/19) &Phasing Plan PRELIMINARY PLAT r a.re ae FOR VICTORY COMMONS SUBDIVISION Er LATECINAPOR7IONOFGOVTLO7d,5EC711CN19,7.3N.,R.IE.,B.M. -_ w.nn,e CITY OF MERIOLAN,ADA COUNTY,IDANO -201& cart e�Ewh..�,in��s fLVe Table !'f .pub_ie.n• G ,� a cr --- � � A - °,� ...�. . ,.,•v PP1.0 Page 11 Meridian City Council Meeting Agenda June 23,2020— Page 137 of 216 B. Landscape Plan(date: 1 126Q01905/12/2020) Cj PLANT SCHEDULE MER s r.: I f +•` J — IAN�SCRPE RL1N-RRE4 ONE C 1MUVRlOFiK9rt�OB.T E U o if o a o x c4 .vrenaromeR�r '� / � i . ; �IANGSI:APE A-hN-nREn TNO F� - Page 12 Meridian City Council Meeting Agenda June 23,2020— Page 138 of 216 r � ''E 5'N5i ii6 �\BENCN ...-�,m-,..e•vs raua! g � � # AQ it 4 EM�N MTNL nn.. ,,. TM.... I rgrAH.arCf lws ' n•TREEP 4NT GOETAIL•• ��•rto - wn.s wnF ewrn mw•masewu cm. W 9 4 ;R wm mw TM.w I I y �CONIRERTREEn6ETAIL �,ROIILRERRETAININ W&I LJR `J L1.2 Page 13 Meridian City Council Meeting Agenda June 23,2020— Page 139 of 216 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. All development shall comply with the terms of the Development Agreement(Inst. 2019- 119405) and any future amendments to that agreement as applicable. 2. The preliminary plat included in Section VII.A, shall be revised as follows: a. The buffer along S. Meridian Road and E.Victory Road 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. b. Direct lot access is prohibited to S. Meridian Road and E. Victory Road. c. Grapically depict the Kennedy Lateral easement on the face of the plat. d. Prior to signature on the first phase of the plat,the applicant shall provide a recorded cross agreement or add a plat note that grants cross access to parcels#R5915720030, R5915720042 and R6242270030 in accord with the amended development agreement. 3. The landscape plan included in Section VII.B shall be revised as follows: a. inelude Phase 2 in betmdafy of the landseape plan. A 25-foot wide landscape buffer along E.Victory Road shall be constructed prior to occupancy of the first structure in accord with the amended development agreement. The landscape buffer shall be installed in accord with UDC 11-3B-7C. b. Construct a 25-foot wide landscape buffer along the northeast boundary of Lots 1,2, 5 and 8,Block 1 and the east boundary of Lot 9,Block 1 in accord with UDC 11-3A-9. The required landscaping on these lots shall occur with lot development. If installation of the buffer is prohibited within the Kennedy Lateral easement,the applicant shall provide a 5- foot wide landscape buffer outside of the easement area and install the required landscaping in accord with UDC 11-3B-9C. c. The required landscape buffers along Meridian and Victory Roads shall be measured from the ultimate right-of-way as anticipated by the transportation agency in accord with UDC 11-313-70.c. d. Prior to signature on the first phase of the final plat,the applicant shall record a pedestrian easement over the new segment of the pathway and existing sidewalk along S. Meridian Road to facilitate expansion of the 10-foot pathway in the future per the amended development agreement. 4. Development of subdivision shall be generally consistent with the phasing plan included in Section VII.A. 5. If the City Engineer's signature has not been obtained on the final plat within two(2)years of the City Council's approval of the subject preliminary plat,the preliminary plat shall become null and void unless a time extension is obtained as set forth in UDC 11-6B-7. 6. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Page 14 Meridian City Council Meeting Agenda June 23,2020— Page 140 of 216 7. All fixture structures constructed within the development shall to comply with the elevations in the amended development agreement,the design standards listed in UDC 11-3A-19 and those in the Architectural Standards Manual. 8. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings on the site prior to applying for a building permit. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. 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.meridiancily.orgzpublic works.aspx?id=2 72 1.2 There are two existing 8-inch sanitary sewer stubs that are not being utilized and must be abandoned at the main. One stub is located off of Meridian Rd and the other stub is located off of Victory Rd. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). 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 prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject Page 15 Meridian City Council Meeting Agenda June 23,2020— Page 141 of 216 to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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. 2.7 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 Engineering Department at(208)898-5500 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 Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The design 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. 2.19 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. Page 16 Meridian City Council Meeting Agenda June 23,2020— Page 142 of 216 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancioy.oMIpublic works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer,water and reuse 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 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. 2.23 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,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. C. FIRE DEPARTMENT https://weblink.meridiancity.orzlWebLinkIDocView.aspx?id=181965&dbid=0&repo=MeridianCity D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=182146&dbid=0&repo=Meridian City E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) hggs://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=182236&dbid=0&repo=Meridian City F. CENTRAL DISTRICT HEALTH hggs://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=182157&dbid=0&repo=Meridian City G. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=182869&dbid=0&repo=MeridianCity H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org WWebLinkIDocView.aspx?id=182144&dbid=0&repo=MeridianL itX I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciy.org WWebLinkIDocView.aspx?id=183003&dbid=0&repo=MeridianCiLv Page 17 Meridian City Council Meeting Agenda June 23,2020— Page 143 of 216 IX. FINDINGS Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 18 Meridian City Council Meeting Agenda June 23,2020— Page 144 of 216