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Linder Village (FP-2020-0004) Order Item#11. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 17, 2020 ORDER APPROVAL DATE: DECEMBER 1, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 19 BUILDING ) CASE NO. FP-2020-0004 LOTS (17 COMMERCIAL AND 2 ) RESIDENTIAL) ON 74.89 ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-8 AND C-C ) APPROVAL OF FINAL PLAT ZONING DISTRICTS FOR LINDER ) VILLAGE ) BY: CSHQA ARCHITECTS ) APPLICANT ) This matter coming before the City Council on November 17, 2020 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING LINDER VILLAGE SUBDIVISION, LOCATED IN A PORTION OF THE NORTH '/2 OF THE NORTHWEST '/4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LINDER VILLAGE FP-2020-0004 Page 1 of 3 Page 106 Item#11. DATE: 10/19/2020,by TIMOTHY J. FOX, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 17, 2020, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from David McKinney, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LINDER VILLAGE FP-2020-0004 Page 2 of 3 Page 107 Item#11. issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 1 St day of December , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. 12-1-2020 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LINDER VILLAGE FP-2020-0004 Page 3 of 3 Page 108 ►tem#��. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/17/2020 Legend DATE: Iff Project Lcofl3ton TO: Mayor&City Council Rll FROM: Sonya Allen,Associate Planner 208-884-5533 — - T -N SUBJECT: FP-2020-0004 Linder Village LOCATION. Southeast corner of N. Linder Rd. and W. - Chinden Blvd./SH 2O-26, in the NW 1/4 �. � � of Section 25,Township 4N.,Range __ 1 W. aufi rrrTTIn I. PROJECT DESCRIPTION Final plat consisting of 19 buildable lots(17 commercial and 2 residential) on 74.89 acres of land in the R-8 and C-C zoning districts. II. APPLICANT INFORMATION A. Applicant: Mandie Brozo,CSHQA—200 Broad Street,Boise, ID 83702 B. Owner: High Desert Development Linder Village,LLC—2537 W. State Street, Ste. 110,Boise,ID 83702 Lynx Investments,LLLP—712 N. Troutner Way, Boise,ID 83712 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0088)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 Page 109 Item#11. buildable lots and common open space area have not changed. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Note:Lots I and 2, Block 2 and Lot 1, Block 3 will be re-subdivided with future development; the dedication of right-of-way and extension of W. Director St. and N. Arliss Ave. will occur at that time. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/4/2018) F �g� �29 8' �� 1 me...umr MAT rAPOIL ww F-1 030ML PAca mar PP20 Page 110 Item#11. B. Final Plat(dated: 10/19/20) PLAT SHOW rNG ' UNDER VILLAGE SUBDIVISION UOUK PAGE lf!hAIYGYI[h llIIS,M J 2 A PORTIWE OFTWWRTYt I120F THE NCIRTHVULTIM OF S$C N25 w.M..wn TCIWMSHIYM1 NORTH,HAN13E 1 WEST,M5EUEAION}1 UWOF MEROkk.AM MUNT,l D L4RUETemc CLRPE IP&.E — 3'a 2024 oeua Ea x ePa cn a -- —— -- -- - ._ •.:--..�.. —�.,.n nrn�a.wnuw5at«wan a�w NHm wnw>ws lu>< Ma�a.v,: �tm rcE.�ra.l� � -- - x Ps•ma ,P.n xrv.we • sn,rr•P.orr��n o,.a«,w Plsassr _ _ _ a Mto..,5>n Prc NNIrePo..ea.r � ..e 4+.i� rM rro..r r„t..• �tE:tit el,otr v lP-�.rr •.w o,o m.r wn,nr Pae �rx St l-PNIIw,e a.Id[uvx Tab4s 5M11M 2:Uluds,R9l Nolxe�NuhMh�el,d RefddEleta SIahM 3.EsmM.,u od Ea mem No ggra. W Yewre'SW RI wm:>hane•SS trna� 51"5'ApftyAppn lianditwmng M1W UFCW MEM WkW BASKS[V n y ly uo•x»c eR �,�,��. WCEI7NOE H VDT IWCS AY 2d 6)W IUPfPSM P4.tt u]mi�N __ N C9 L e imM D&7r Vim 2w L,y C 7.Ca• 9�.00' �PII g Lii- v J 8g & Q u tt f Mw trr.nrIF tw.w s{arr sazcm "' nsur eu ' bSS Imo'WNW cD mr 5.rrfyv W+ 1JII � � � p G 5 4 R iIP i1 I{3p � -r/ ur,.wv rcu �P� R.Ir -E p 4N 8M9T �•T B!8`?SYME idhrr yt — S __ MAn 1111 TA W PEhZ.L sFI[]P&I�li1VE 1 1 � ca �° � T�1.- �� � 91uE2 k E.r+rw � >�arE wo �.a g�gPT,E O• 1TiIlE N71NT CF 9Lxa1WMG � rxrY Sffi Ott &7` kt S[ wtr FOX LAND SURVEYS 14 Sao Prggw Maliu,,,5uae!]%Mur.Ln ID 9# 5� 2ce-�ea-r�sT S.ww PPno-lx�ml,°• r y{ a[ 1f1000 91=P'T Page 3 Page 111 Item#11. C. Landscape Plan(dated: 2/21/2020) MV. MOE= i-4 21 r L L T r 4 L ;,ram a� 4.�01; Ll Page 112 Item#11. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2019-028376) and preliminary plat(H-2017-0088)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(by February 5,2021); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Fox Land Surveys, stamped by Timothy J. Fox, dated: 10/19/2020, included in Section V.B shall be revised as follows: a. The line type depicted in the Legend for the plat boundary is used in other areas that are actually lot lines,not the plat boundary;revise accordingly. b. Legend: Include the recorded instrument number for the sewer and water easement on Sheets 1,2 and 3. c. Include the ITD Right-of-Way Instrument number on Sheets I and 3. d. Include the sidewalk easement number in Detail"A"on Sheet 2 and on Sheet 3. e. Include the permanent ACHD easement in Details"A", "B"and"A-2"on Sheet 2 and on Sheet 3. f. Include the recorded instrument number for N. Bergman Avenue on Sheet 3. g. Include the recorded instrument number for the 20' wide Winco water main easement depicted on Lot 2,Block I on Sheet 3. h. Include the recorded instrument number for the private 20' wide sewer easement depicted on Lot 15,Block 1 on Sheet 3. i. Plat Note#3: "No lots shall be reduced in size without prior approval from the health authority and the City of Meridian." j. Plat Note#9: Include the Settler's Irrigation District recorded license agreement instrument number. k. Plat Note#11: Include the ACHD recorded license agreement instrument number. 1. Include a note granting a blanket cross-access/ingress-egress easement between all commercial lots in the subdivision. m. The required street buffers(i.e. 35' along W. Chinden Blvd./SH 2O-26,25' along N. Linder Rd. and 20' along W. Plaza Shops Dr.) shall be depicted on a common lot or a permanent dedicated buffer,maintained by the property owner or business owners' association as set forth in UDC 11-3B-7C.2b. n. Graphically depict the location of the cross-access/ingress-egress easement to the south to Parcel#R1034570040 (5968 N. Linder Rd.)&#R1034570020(5984 N. Linder Rd.)with a note referencing the recorded instrument number of the easement(i.e. Inst. #2020-153916). A copy of the revised plat shall be submitted for City Engineer signature. Page 5 Page 113 Item#11. 5. The landscape plan prepared by Stack Rock Group, dated 02/21/2020,included in Section V.C, shall be revised as follows: a. Remove the site plan from the plan and only include landscaping and sidewalks/pathways required with the subdivision(i.e. street buffers). b. Provide a minimum of an additional 5 feet outside of the easements along Chinden Blvd. and W. Plaza Shops Dr. for the required street buffer trees as set forth in UDC 11-313-7C.lb per the standards listed in UDC 11-3B-7C.3. c. Depict a minimum 20-foot wide street buffer along W. Plaza Shops Dr. landscaped per the standards listed in UDC 11-313-7C. The full 20'width at the back of the sidewalk is not depicted with vegetation. d. Depict a minimum 35-foot wide street buffer along W. Chinden Blvd./SH 2O-26, landscaped per the standards listed in UDC 11-313-7C. If the unimproved street right of way is ten feet (10') or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten foot(10') compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-313-7C.5.Landscaping improvements within the right of way shall require a license agreement between the property owner and the transportation authority. e. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-313-10C.5 for any existing healthy trees 4"caliper and greater that are proposed to be removed from the site. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements. f. Depict landscaping on each side of the multi-use pathways along N. Linder Rd. and W. Chinden Blvd./SH 2O-26 that complies with the standards listed in UDC 11-3B-12C.A minimum of(1) tree per 100 linear feet of pathway is required along with shrubs, lawn and/or other vegetative groundcover within 5'of the pathway. This landscaping is in addition to the street buffer landscaping required in UDC 11-3B-7C, include calculations for the pathway landscaping in the Landscape Requirements table that demonstrate compliance. g. Depict an ADA bus stop on the site as proposed; work with Valley Ride Transportation (VRT)to coordinate the details. If VRT determines a bus stop is not needed at this location, the Applicant should submit written documentation as such from VRT. 6. All fencing shall comply with the standards of UDC 11-3A-7C. 7. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathways within the street buffers along W. Chinden Blvd./SH 2O-26 and N. Linder Rd.If the pathways are covered under ACHD's and/or ITD's pedestrian easement, a separate easement is not required by the City. 8. The Developer shall work with ACHD on the traffic calming measures to slow traffic on Bergman Ave. and W. Bacall St. as allowed by ACHD and the Fire Department per requirement of the Development Agreement. 9. Only one(1)building permit is allowed to be issued on the subject property prior to recordation of the subdivision per the Development Agreement.A building permit for Winco Foods has been issued(C-NEW-2020-0016); no other permits shall be issued until the plat is recorded. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 114 Item#11. B. Public Works General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 7 Page 115 Item#11. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, Page 116 Item#11. the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 EXHIBIT B Item#11. From: David McKinney To: Sonya Allen Cc: "Mandie Brozo";"James Marsh" Subject: FW: Linder Village-FP-2020-0004 REVISED Staff Report Date: Friday,November 13,2020 4:57:59 PM Attachments: imaae006.Dna image009.pnno Linder Villaae FP-2020-0004 Staff Report REVISED.pdf External Sender -Please use caution with links or attachments. Hi again Sonya. We are in agreement with your staff report and will address the conditions as noted. Thanks again. Best, Dave From: Mandie Brozo [mailto:mandie.brozo@cshga.com] Sent: Friday, November 13, 2020 2:39 PM To: 'David Mckinney' <Idm@ctcweb.net> Cc:James Marsh <james.marsh@cshqa.com> Subject: FW: Linder Village - FP-2020-0004 REVISED Staff Report Dave, Attached is the revised Staff Report for the Linder Village Final Plat. Please let me know if you are in agreement with the Staff Report and I will respond to Sonya, or you can respond to her directly. Mandie Brozo I CSHCIA Architecture—Project Manager D 208.429.4064 � a From: Sonya Allen <sallen(@meridiancit)1.org> Sent: Friday, November 13, 2020 1:26 PM To: Adrienne Weatherly<aweatherlyna meridiancity.org>, Charlene Way<cway(@meridiancity.org>, Chris Johnson <ciohnson(@meridiancity.org> Cc: Mandie Brozo <mandie.brozo(@cshga.com>; Craig Slocum <craig.slocum(@cshga.com> Subject: Linder Village- FP-2020-0004 REVISED Staff Report See attached. Page 118 Item#11. Applicant— Please send a response to the staff report (if you're in agreement or not). Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0578 C4fE ID� Built for Business, Designed for Living 0®©00 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. Page 119