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Midgrove Plaza H-2020-0029 Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��fIEK� AND DECISION& ORDER , In the Matter of the Request for Rezone of 1.96 Acres of Land from the I-L to the C-G Zoning District; and Preliminary Plat Consisting of Six(6)Buildable Lots on 12.84 Acres of Land in the C- G and I-L Zoning Districts,by Arthur Berry. Case No(s). H-2020-0029 For the City Council Hearing Date of: June 23,2020 (Findings on July 7,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 23,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 23, 2020,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 23,2020,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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MIDGROVE PLAZA—RZ,PP H-2020-0029 - 1 - Meridian City Council Meeting Agenda July 7,2020— Page 344 of 814 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 23,2020, incorporated by reference. The conditions are concluded to be 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 Rezone and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 23,2020, 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 11-613-7A). 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- 613-7C). 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 23,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MIDGROVE PLAZA—RZ,PP H-2020-0029 -2- Meridian City Council Meeting Agenda July 7,2020— Page 345 of 814 By action of the City Council at its regular meeting held on the 7th day of July 2020. COUNCIL PRESIDENT TREG BERNT VOTED YEA COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA COUNCIL MEMBER JESSICA PERREAULT VOTED ---- COUNCIL MEMBER LUKE CAVENER VOTED YEA COUNCIL MEMBER JOE BORTON VOTED YEA COUNCIL MEMBER LIZ STRADER VOTED YEA 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: 7-7-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MIDGROVE PLAZA—RZ,PP H-2020-0029 -3 - Meridian City Council Meeting Agenda July 7,2020— Page 346 of 814 EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/23/2020 Wegend DATE: ff ILIPraject Lacfl-fior - .0 0 TO: Mayor&City Council =ummn FROM: Sonya Allen,Associate Planner 208-884-5533 - a� SUBJECT: H-2020-0029 Midgrove Plaza ®� Y I I I II LOCATION: 1450 E. Franklin Rd. (Parcel ' #S1107449996; SE 1/4 of Section 7, WIM - T.3N.,R.1E.) -- - I. PROJECT DESCRIPTION Rezone of 1.96 acres of land from the I-L to the C-G zoning district; and,Preliminary Plat consisting of 6 buildable lots on 12.84 acres of land in the C-G and I-L zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 12.84 acres Existing/Proposed Zoning C-G&I-L existing/1.96 acres to C-G proposed(resulting in both C-G and I-L zoning for overall site that coincides with proposed lot lines) Future Land Use Designation Commercial(southern 5.8 acres)&Industrial(northern 7+/-acres) Existing Land Use(s) Vacant/undeveloped land(pasture) Proposed Land Use(s) Commercial Lots(#and type;bldg./common) 6 buildable lots/0 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 0 of units) Density(gross&net) omr-- Not applicable(no residential uses are proposed) Physical Features(waterways, The Five Mile Creek bisects the southwest corner of this hazards,flood plain,hillside) site and is an open waterway;a portion of the site within that area is in the floodplain. Neighborhood meeting date;#of January 15,2020;no attendees attendees: Page 1 Meridian City Council Meeting Agenda July 7,2020— Page 347 of 814 Description Details Page History(previous approvals) ROS#3527;AZ,CUP/PD(Arthur Berry&Doug Tamura) approved in 1996(expired);PBA approved in 2007(ROS #8037) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes,draft report • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via existing curb cuts on Franklin and Hwy/Local)(Existing and Proposed) Locust Grove Roads [2 via E.Franklin Rd.,only one of which is proposed for a public access to this development (the other access will be restricted to maintenance vehicles from the City,NMID or other authorized entities);and 4 via Locust Grove Rd.] Traffic Level of Service Better than"E"for both Franklin&Locust Grove Rds. Stub Street/Interconnectivity/Cross There are no stub streets that exist to this site; cross-access Access should be provided between the proposed lots Existing Road Network None Existing Arterial Sidewalks/ There are existing attached sidewalks along Franklin and Buffers Locust Grove Rds.that were constructed with the adjacent road widening projects;no street buffers exist Proposed Road Improvements None(there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or CIP) Fire Service • Distance to Fire Station 0.5 mile • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#1 —can meet response time goals • Resource Reliability 75%-does not meet the target goal of 80%or greater • Risk Identification 4—current resources would not be adequate to supply service(risk factors could include multi-story buildings,a large gathering of people in a single location,and an open waterway) • Accessibility Unknown if project will meet all required access,road widths and turnaround as a site plan was not submitted • Special/resource needs Unknown if project will require an aerial device;can meet this need if a truck company is required. • Water Supply Unknown what the water supply requirement will be as a development plan was not submitted. • Other Resources Police Service No comments were received. Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.91 • Project Consistent with WW Yes Master Plan/Facility Plan Page 2 Meridian City Council Meeting Agenda July 7,2020— Page 348 of 814 Description Details Page Water • Distance to Water Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality None • Project Consistent with Water Yes Master Plan • Impacts/Concerns The water main should be upsized to a minimum of 8- inches. Unused water service stubs into the property must be abandoned at the main per Meridian standards. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend tki,aec-L.xaiion I IFro ec LOC CI nm �� 7. Y : F lu1U-C Low Derin ih r Resid ffiiol_ �I m MHOWnsNolan ih{ V toenTI Zoning Map Planned Development Map RILegend R T Legend -- R: �7 IffProtect LucaIm -I .. ' _ Project Laeaiibn City Lirrr� RUT R L'O - - —Planned Parcels M1 V. LLL I I I-iL _ r t� L--LiIUL-O RU: R- y RUT R C-Fl R1 R1 RUT � R-4 - Page 3 Meridian City Council Meeting Agenda July 7,2020— Page 349 of 814 III. APPLICANT INFORMATION A. Applicant: Arthur Berry—4804 Roberts Rd.,Boise,ID 83705 B. Owner: Same as Applicant C. Representative: Ben Semple,Rodney Evans+Partners,PLLC— 1014 S. La Pointe St., Ste. 3,Boise,ID 83706 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 5/13/2020 6/5/2020 newspaper Notification mailed to property owners within 300 feet 5/12/2020 6/2/2020 Applicant posted public hearing notice on site 5/17/2020 6/10/2020 Nextdoor posting 5/12/2020 6/2/2020 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the southern 5.8 acres as Commercial and the northern 7 acres of this property as Industrial. The purpose of the Commercial designation it to provide 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. Sample zoning include: C-N, C-C, and C-G. The purpose of the Industrial designation is to allow a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units,light manufacturing, flex, and incidental retail and office uses. In some cases uses may include processing,manufacturing, warehouses, storage units,and industrial support activities. Sample zoning include: I-L and I-H. At this time,no buildings or users are planned;the property is proposed to be subdivided and infrastructure installed for future development. The property is intended to develop with commercial and industrial uses as allowed in the C-G and I-L zoning districts per the Allowed Uses listed in UDC Tables 11-2B-2 and 11-2C-2,respectively. The area proposed to be rezoned from I-L to C-G is designated as Industrial on the FLUM. Because FLUM designations are not parcel specific, an adjacent abutting designation,when appropriate and approved as part of a public hearing with a land development application,may be used without an amendment to the map. The Applicant requests the abutting Commercial designation apply to the area proposed to be zoned C-G. Because the rezone is proposed to coincide with proposed lot lines so that two (2)zoning districts don't exist on one property, Staff is amenable to the request. Page 4 Meridian City Council Meeting Agenda July 7,2020— Page 350 of 814 The following Comprehensive Plan Policies are applicable to this development: • "Ensure that adequate water supply and pressure are available for fire protection in areas suitable for industrial and commercial uses."(3.03.011)) Adequate water supply and pressure is available to serve this site. • "Improve and protect creeks and other natural waterways throughout commercial,industrial, and residential areas."(4.05.01 D) The Five Mile Creek, a natural waterway, bisects the southwest corner of the site and is required to be left open and improved and protected with development in accord with UDC 11-3A-6B.1 and the Comprehensive Plan. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • "Integrate the Meridian Pathways Master Plan into the site development review process to ensure planned paths are built out as adjacent land develops."(3.07.02H) A segment of the City's 10 foot wide multi-use pathway is depicted on the Pathways Master Plan along the northeast side of the Five Mile Creek to the Franklin/Locust Grove Rd. intersection. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices." (3.07.01A) The site abuts industrial property to the west; no buffering is required between industrial properties or between C-G and I-L zoned properties. • "Encourage new development to include buffered sidewalks, a sidewalk separated from the motor vehicle lane by a planter strip, especially on collector and arterial roadways." (6.01.01J) Attached sidewalk currently exist adjacent to Franklin and Locust Grove Roads;street buffers will be required to be constructed with development of the property and landscaped per the standards listed in UDC 11-3B-7C. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe." (2.02.02) The proposed property is an infill property that is currently zoned in the City but has not yet developed.Approval of the proposed rezone and preliminary plat will assist in facilitating future development of the property. VI. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC) A. Rezone: The proposed rezone is for 1.96 acres of land from the I-L to the C-G zoning district to coincide with lot lines proposed on the preliminary plat in Section VIII.B. The proposed zoning is consistent with the adjacent FLUM designation of Commercial on the abutting property to the Page 5 Meridian City Council Meeting Agenda July 7,2020— Page 351 of 814 south as discussed above in Section V. A legal description for the rezone area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Because this site is already zoned in the City and a development plan is not proposed with this application, staff does not recommend a DA is required as a provision of the rezone. B. Preliminary Plat: The proposed plat consists of 6 buildable lots on 12.84 acres of land in the C-G and I-L zoning districts. The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: There are no existing structures on this site. Proposed Use Analysis: No uses or development are proposed at this time. Future development will be subject to the allowed use tables in UDC 11-213-2 and 11-2C-2 for the C-G and I-L zoning districts respectively. Dimensional Standards (UDC 11-2): Future development should comply with the dimensional standards of the C-G zoning district in UDC Table 11-213-3 and the I-L zoning district in UDC Table 11-2C-3, as applicable. Subdivision Design and Improvement Standards(UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access(UDC 11-3A-3) Access is proposed via(2)existing curb cuts on Franklin Rd.—the access closest to the intersection will be restricted to maintenance vehicles from the City,NMID or other authorized entities and will not be used by the public; and(4)existing curb cuts on Locust Grove Road. The draft ACHD report does not support the western access via Franklin Rd.but does approve the service driveway closest to the intersection if it's restricted from public use with a gate located outside the right-of-way; however,the Applicant and ACHD are still in discussions on this issue.ACHD has directed the Applicant to submit a request for modification of policy to allow the access as a right-in/right-out with a road trust to construct a median in the future in Franklin Rd.Without access via Franklin Rd.,Lot 5 cannot develop without a bridge access over the creek. The City is amenable to the access if approved by ACHD. Further,ACHD only approves of(2) accesses off Locust Grove Rd. at 360' and 735' north of Franklin Rd.(i.e.the two middle accesses).All other curb cuts are required to be closed with curb,gutter and 7'wide attached sidewalk to match existing improvements. Staff is in agreement with ACHD's decision as UDC 11-3A-3 limits access points to arterial streets to improve safety and ensure motorists can safely enter all streets. Therefore,the plat should be revised to remove these accesses. Staff recommends a cross-access/ingress-egress easement is provided between all lots in the proposed subdivision and to the abutting property to the west through Lot 5(Parcel #S1107449111)to reduce access points via Franklin Rd.in accord with UDC 11-3A-3A.2. There is an existing cross-access easement from Locust Grove Rd. across this property to the abutting property to the west as depicted on the plat that is proposed to remain. Page 6 Meridian City Council Meeting Agenda July 7,2020— Page 352 of 814 A note should be placed on the face of the final plat prohibiting direct lot access to N. Locust Grove and E.Franklin Roads other than those accesses approved with this application. Pathways(UDC 11-3A-8): A 10' wide multi-use pathway is designated on the Pathways Master Plan along the northeast side of the Five Mile Creek to the Franklin/Locust Grove Rd. intersection. Because a 7' wide attached sidewalk exists along E. Franklin Rd.,the Park's Dept. is not requiring a 10' wide pathway in that location or widening of the sidewalk; a pathway should be provided along the northeast side of the creek in accord with the Plan. Because the pathway will serve a dual purpose as a utility service road,the pathway should be constructed at 14' in width with a turning radii of 28' inside and 48' outside.A public pedestrian easement should be provided along the creek and extend to the intersection as recommended by the Park's Dept. to allow for the pathway to be constructed in the future.Because there is a 20' wide sewer easement in the same location as the pathway, no additional width is required for the pedestrian easement based on the increased width of the pathway-the extra width of the sewer easement will accommodate maintenance of the shoulder of the pathway if needed. Sidewalks(UDC I1-3A-1 : Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Five- foot wide detached sidewalk are typically required along arterial streets (i.e.N. Locust Grove Rd. and E. Franklin Rd.; however,because there is an existing 7' wide attached sidewalk along both Franklin and Locust Grove Roads that is in good condition,the Director has waived the requirement. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N.Locust Grove Rd. and E. Franklin Rd., both arterial streets,measured from the back of sidewalk, as depicted on the plat; landscaping should be provided per the standards listed in UDC 11-3B-7C as depicted on the landscape plan. Depict curb,gutter,sidewalk and landscaped street buffers across the two accesses via Locust Grove Rd.that aren't approved to remain. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. The total lineal feet of pathways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with UDC standards. Storm Drainage: An adequate storm drainage system shall be 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. Waterways(UDC It It The Five Mile Creek bisects the southwest corner of this site and lies within a 90' wide easement held by NMID. The creek is required to be left open as a natural amenity and shall not be piped or otherwise covered as set forth in UDC 11-3A-6B.1 and should be protected during construction. A 90-foot wide conservation easement exists for the Five Mile Creek as noted on the plat that is proposed to be retained and protected. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11-3A-6C.1 and 11-3A-7.No fencing is proposed with this application. Page 7 — Meridian City Council Meeting Agenda July 7,2020— Page 353 of 814 Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: The Applicant did not submit concept building elevations for future structures within this development as no uses or structures are planned at this time. Future structures are required to comply with the design standards listed in the Architectural Standards Manual. VII. DECISION A. Staff: Staff recommends approval of the requested rezone without the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section IX per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on May 28,2020.At the public hearing,the Commission moved to recommend approval of the subject RZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Ben Semple,Applicant's Representative b. In opposition:None c. Commenting. None d. Written testimony: Ben Semple,Applicant's Representative(response to the staff report —in agreement) e. Staff presenting pplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Ke, ids)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s) for City Council: a. None C. The Meridian Citv Council heard these items on June 23,2020.At the public hearing,the Council moved to approve the subject RZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Ben Semple,Applicant's Representative b. In opposition: None C. Commenting.None d. Written testimony,None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. The absence of a development plan with the rezone request and no recommendation for a Development Agreement from Staff/Commission. 4. City Council change(s)to Commission recommendation: a. None Page 8 Meridian City Council Meeting Agenda July 7,2020— Page 354 of 814 VIII. EXHIBITS A. Rezone Legal Description&Exhibit Map ®RGEOMATICS 2308 N.Cole Rd.,Ste.G SURVEYING MAPPING Boise,I❑ 83704 EXHIBIT"A" Re-Zone Description A parcel of land,being a portion of that Parcel described in Warranty Deed Instrument No. 111069481,Ada County Records, and also being a portion of"Parcel One"as described in Meridian City Ordinance No. 748 recorded as Instrument No. 96104790,Ada County Records, lying within the East Half of the Southeast Quarter of the Southeast Quarter of Section 7, Township 3 North, Range 1 East Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 7,thence South 89'46'02 West,along the South Line of the East Half of the Southeast Quarter of the Southeast Quarter of Section 7, 662.90 feet to the Southwest corner thereof; Thence North 00"26'59" East,along the westerly boundary of said East Half,590.04 feet to its' intersection with the northerly boundary of"Parcel One"as described in Meridian Ordinance No.748,the POINT OF BEGINNING; Thence continuing North 00"26'59" East, 132.88feet; Thence South 89`34'03"East, 662.73 feet to the East Line of the Southeast Quarter of the Southeast Quarter of Section 7; Thence South 00"26'25"West, along said East Line, 125.19 feet to the northerly boundary of "Parcel One"as described in Meridian Ordinance No.748; Thence South 89"46'02"West,along said northerly boundary,662.90 feet to the POINT OF BEGINNING. Containing 85,513 Square Feet(1.963 Acres),more or less. End of Description Prepared by: Aaron Rush, PL5 C�A�t LAN,) 124�4 sP 4 y�rF QF ,9R.Z. 4�OAF Page 1 of 1 Page 9 Meridian City Council Meeting Agenda July 7,2020— Page 355 of 814 EXHIBIT II BII RE-ZONE SKETCH SE 1/4, SE 114, SEC. 07, T3N, R1 E NOTE 588"29'511 330.01' FOR ADDITIONAL BOUNDARY INFORMATION,REFER TO RECORD OF SURVEY NO.8037 AND WARRANTY DEED INSTRUMENT NO. 111069+181. Q DESIGNATED 1-L SCALE: 1" = 150' 14501. FRANKLIN RD 589"34'03"E 662.71' NOO°26'59"E 500"26'25"W 132.85' AREA FOR RE-ZONE TO C-G 85,513 S.F./1.963 AC. 125.18' 589"46'02"W POINT OF 662.80' BEGINNING [� EXISTING ZONE BOUNDARY ( RDINANCE NO. 748) A w \� DESIGNATED C-GLn W L q N >� Ln LR E. FRANKLIN RD _ � 7 B S89°46'02''W 662.90' 18 17 Page 10 Meridian City Council Meeting Agenda July 7,2020— Page 356 of 814 B. Preliminary Plat(date: 1/13/2020) 2�GROSTE PLAZA SLBDIVISION Ri F 11:1- — 7,•Fr-'--rT-TE F 1 JI 4 P � LEG_N,7 {Q mw _E.= �^r' _ xDRnG rum SETa.CrS �r•PT�+u,� ��� � mil, ..kr�i��� Ir1 - I n �� ��=e�.� xwucrrroram�rar®xw ZSMAO 11 "'r�Arsp ttBO rC �bR OMunn>� {1 I ���`. III .PPLIGIRmEVELOpER .0 E-FRANKLIN RD �`�I1 t� 12.831 ACRES _ � �'� \� l e y• � LAIG!8G1F'E ARCM]EG7 .�mr�.rmm..mir i•�rar nGEOMAT S�•+� ��+�+ sa Ac Fc-�ca+wca` i megm. - }.0 ,� � ..w L,RVEYING4PMAPPING + t�1 _a fu.ravaa '�• y'O xy. "1VESTIIIX24 COfISLLTI�IG 3 �1R PitEi.lMIHIARYPLAT K Page 11 Meridian City Council Meeting Agenda July 7,2020— Page 357 of 814 C. Landscape Plan (date: 1/25/2020) I £]IPA�LIY TWN09[AP�PLiV Ol'L9iLL • L2 9 `i 1450 E.FRMKUN Rd \\}{ .T 9g — ^�77 YR71 I ] s�*%R; • I k ti y f+i ti'xk x ubF i.y f �MQ AC wt I 2 WA AG 5 tcA E4EnMG" j 70P.Y'6.�i St 5 y5 Page 12 Meridian City Council Meeting Agenda July 7,2020— Page 358 of 814 xwan�nas. Y�r/�I�,RO r✓a�., ate. - 4 �-,—t .5� LQI 4 i-# {.. 26]6✓<G LOT$ I— — 4' 114M075F ` It G�O+uaG: t MAC eo,xW ee SF iC-O IONIWI a + 5 AW I I 74SO E.FRAMJe UN RD �tw �12.d31 ACfiVS kp ! �wwSv rlxr uwrx.rf r�nl.,uE�7x+r LOT s o 74JkC m;--- 72,62243 EF ;4 tl-L ZGNIN67 L0T7 MAC f�,41�5A1!SF 0 ��3PE P�_=4�L Ty�= �~ 1 Page 13 Meridian City Council Meeting Agenda July 7,2020— Page 359 of 814 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The final plat shall include the following: a. A cross-access/ingress-egress easement shall be depicted between all lots in the subdivision and to the abutting property to the west through Lot 5 (Parcel #S1107449111) in accord with UDC 11-3A-3A.2. b. Include a note that prohibits direct lot access via N. Locust Grove Rd. and E. Franklin Rd. other than those accesses approved with the preliminary plat by the City and ACHD; remove accesses accordingly that aren't approved. 2. The landscape plan included in Section VIII.A.3, dated 1/25/2020, shall be revised as follows prior to submittal of the final plat application: a. Depict a 14-foot wide pathway along the northeast side of the Five Mile Creek in accord with the Pathways Master Plan as required by the Park's Dept.; and landscaping(i.e. 5' wide landscape strips on either side of the pathway planted with a mix of trees, shrubs, lawn, and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway) as set forth in UDC 11-3B-12C. b. The Landscape Requirements table shall include the total lineal feet of pathways with the required and proposed number of trees to demonstrate compliance with the standards listed in UDC 11-313-12C.2. c. Depict curb, gutter, sidewalk and landscaped street buffer across the two accesses via Locust Grove Rd. that aren't approved to remain. 3. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along the northeast side of the Five Mile Creek;the easement shall extend to the Franklin/Locust Grove Road intersection for future construction of a pathway as required by the Park's Dept. The easement shall be submitted prior to submittal of the final plat for City Engineer signature. 4. A 14-foot wide multi-use pathway shall be constructed along the northeast side of the Five Mile Creek in accord with the Pathways Master Plan as required by the Park's Dept. and the Public Work's Dept. 5. The Five Mile Creek shall be protected during construction and shall be left open as a natural amenity and shall not be piped or otherwise covered as set forth in UDC 11-3A-6B.1. 6. The access driveway from E. Franklin Rd. nearest the Locust Grove/Franklin Rd. intersection (230' west of the intersection)that runs along the northeast side of the Five Mile Creek shall be restricted from public use with a gate located outside of the right-of-way as required by ACHD. The driveway shall be constructed to Public Work's standards for access roads [see Supplemental Specifications for access roads(2-16)]. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-213-3 for the C-G zoning district and 11-2C-3 for the I-L zoning district, as applicable. 8. All fencing is required to comply with the standards listed in UDC 11-3A-6C.1 and 11-3A-7. 9. A new detached sidewalk is not required to be constructed along N. Locust Grove Rd. and E. Franklin Rd.;the Director waived this requirement because there is an existing 7-foot wide attached sidewalk along these streets,in accord with UDC 11-3A-17C. Page 14 Meridian City Council Meeting Agenda July 7,2020— Page 360 of 814 10. Future development shall obtain approval of a Certificate of Zoning Compliance and Design Review from the Planning Division prior to submittal of building permit applications. The site design and structure(s)shall comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A Floodplain Development Permit required for this development. The SW area, including Five Mile Creek is subject to the terms of a conservation easement,recorded as instrument No 108135169 for the protection of designed wetlands.Development with floodway, requires a no-rise analysis. 1.2 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. 1.3 The water main should be upsized to a minimum of 8-inches. Unused water service stubs into the property must be abandoned at the main per Meridian standards. 1.4 The Geo Technical report submitted for the subject site points out numerous items that will require special attention. The design engineer for this project should pay particular close attention to the findings and recommendation for the successful design and performance of all foundation systems, sub-surface drainage, and utility trench backfill. 1.5 The access driveway from E. Franklin Rd. that runs along the northeast side of the Five Mile Creek shall be restricted from public use with a gate located outside of the right-of-way as required by ACHD. The driveway shall be constructed to Public Work's standards for access roads [see Supplemental Specifications for access roads (2-16)]. 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. Page 15 Meridian City Council Meeting Agenda July 7,2020— Page 361 of 814 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 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. Page 16 Meridian City Council Meeting Agenda July 7,2020— Page 362 of 814 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. 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.meridiancity.org/public_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.org/WebLink/Doc View.asp x?id=186325&dbid=0&repo=MeridianC hty D. POLICE DEPARTMENT No comments were submitted. E. PARK'S DEPARTMENT https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=188777&dbid=0&repo=MeridianC Lty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) No comments were received. G. NAMPA&MERIDIAN IRRIGATION DISTRICT https://weblink.m eridian city.org/WebLink/Doc View.aspx?id=18 7168&db id=0&repo=Meridian C ity Page 17 Meridian City Council Meeting Agenda July 7,2020— Page 363 of 814 H. CENTRAL DISTRICT HEALTH DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=186411&dbid=0&repo=MeridianC iv I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.m eridia n c i ty.org/WeUink/Doc View.aspx?id=18 6 72 0&db id=0&rep o=Meridi a n C hty J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.m eridia n c i 02.org/WeUink/Doc View.aspx?id=188996&dbid=0&repo=MeridianC hty X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to C-G is consistent with the Comprehensive Plan designation of Commercial which abuts the area proposed to be rezoned. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed zoning map amendment will allow for future commercial development of the property which will provide for the retail and service needs of the community in accord with the Comprehensive Plan and the purpose statement of the commercial district. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. This Findings is not applicable as the application is for a rezone, not annexation. Page 18 Meridian City Council Meeting Agenda July 7,2020— Page 364 of 814 B. Preliminary Plat Findings: 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; The City Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be provided to the subject property and are adequate to serve future development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(see Section LV for more information). 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 19 Meridian City Council Meeting Agenda July 7,2020— Page 365 of 814