CC - Staff Report 9-8
STAFF REPORT
C OMMUNITY D EVELOPMENT D EPARTMENT
HEARING 9/8/2020
DATE:
TO: Mayor & City Council
FROM:
Alan Tiefenbach, Associate Planner
208-489-0573
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT:
H-2020-0086
Victory Commons Final Plat
LOCATION: The site is located at 130 E. Victory Rd.
and 3030 S. Meridian Rd., in the
southwest ¼ of Section 19, T.3N. R.1E.
I. PROJECT DESCRIPTION
Final Plat consisting of 4 commercial lots on 16.74 acres in the C-G zoning district. This is the first of
two phases, with a total of 12 lots.
II. APPLICANT INFORMATION
A. Applicant / Owner
Kuna Victory, LLC – 901 Pier View Dr., Suite #210, Idaho Falls, ID 83402
B. Representative:
BVA Development, 2775 W. Navigator Dr., Suite #220, Meridian ID 83642
III. STAFF ANALYSIS
The preliminary plat for this development was approved by City Council on June 9, 2020. The
preliminary plat consisted of 12 commercial lots on 16.74 acres, several of which already include
buildings presently under construction including an urgent care, flex building and a paint store. This
first phase consists of four lots on 5.81 acres.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. All development shall comply with
the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district as well as
Development Agreement #2019-119405.
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Because the size and configuration of the first four lots is consistent with the approved preliminary
plat, staff finds the proposed final plat is in substantial compliance with the approved preliminary plat
as required. However, there are still several outstanding issues. A condition of approval of the
preliminary plat was that prior to signature on the final plat for this phase, the applicant shall grant
cross access to parcels #R5915720030, R5915720042 and R6242270030 (parcels to the south and
east of the property) but staff has yet to see proof of this access. Also, a 25’ wide buffer is required to
be installed along E. Victory Rd prior to occupancy of the first structure per the development
agreement. It does not appear this buffer has been completed. Finally, there is also a 35’ landscape
buffer required along S. Meridian Rd, an entryway corridor. This buffer is to be measured from the
ultimate right-of-way as anticipated by the transportation agencies in accord with UDC 11-3B-7C1.c.
Plat Note No. 13 states this results in a 16.5’ wide landscape buffer which was established by
measuring 35’ from existing back of curb (meaning much of the landscaping is within ITD right-of-
way). The applicant shall be required to obtain a ROW license agreement from ITD to install and
maintain this buffer prior to signature on the final plat.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of
this report.
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V. EXHIBITS
A. Preliminary Plat (date: 11/20/19)
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B. Final Plat (date: 6/23/2020)
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C. Final Plat Easement Exhibit Showing Landscaping / Sidewalk Easements (date: 6/23/2020)
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D. Final Plat Landscape Plan North (date: 7/28/2020)
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D. Final Plat Landscape Plan South (date: 7/28/2020)
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. All development shall comply with the terms of the approved preliminary plat (H-2019-
0150), Development Agreement (Inst. 2019-119405) and any future amendments to that
agreement as applicable.
2. Direct lot access is prohibited to S. Meridian Road and E. Victory Road.
3. Prior to signature on 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.
4. 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.
5. The landscape plan prepared by Baer Design Group, dated 7/28/2020, is approved as
submitted.
6. The final plat prepared by Fritz Brownell, Horrocks Engineers, dated 6/23/20 is approved
with the following comments:
a. On the face of the plat insert the recorded water and pedestrian easement numbers.
b. Note #11, 12 and 15 – insert instrument numbers.
7. 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 11-3B-
7C1.c. The applicant shall be required to obtain a ROW license agreement from ITD to install
and maintain the buffer along S. Meridian Road prior to signature on the final plat.
8. 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 (June 23, 2022), the preliminary
plat shall become null and void unless a time extension is obtained as set forth in UDC 11-
6B-7.
9. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
10. All future 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.
11. 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.
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B. Public Works
Site Specific Conditions:
1. This phase of the development will result in a long deadend water main which may result in
poor water quality. Looping the water system back to Victory Rd as shown in the Preliminary
Plat will eliminate this issue.
2. Public Works Department suggests the elimination of the proposed parallel water main off of
Meridian Rd by utilizing the existing water main in the driveway entrance. The proposed water
meter and hydrant could be connected off of the existing water main.
3. Is the new proposed hydrant near Meridian Rd needed? There is an existing hydrant just south
of the driveway entrance.
General Conditions:
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, and water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
provided by the owner to the City. The surety can be posted in the form of an irrevocable letter
of credit, cash deposit or bond. Applicant must file an application for surety, which can be
found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
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11. 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.
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.
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.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC 11-1-4B.
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.
18. 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.
19. The applicant’s 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.
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.
21. 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.
22. The applicant shall provide easement(s) for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easement widths shall be 20-feet wide
for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,
but rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
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23. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
24. 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.
25. 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.
26. 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.
27. 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.
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