Z - Signed Final Order Item#7.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JUNE 15, 2021
ORDER APPROVAL DATE: JUNE 29, 2021
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF FIVE (5) ) CASE NO. H-2021-0033
BUILDING LOTS ON 12.84-ACRES )
OF LAND IN THE C-G AND I-L ) ORDER OF CONDITIONAL
ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT
MIDGROVE PLAZA. )
BY: RODNEY EVANS + )
PARTNERS, PLLC )
APPLICANT )
This matter coming before the City Council on June 15, 2021 for final plat approval
pursuant to Unified Development Code (UDC) I 1-613-3 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 MIDGROVE PLAZA SUBDIVISION,
LOCATED WITHIN THE SE 1/4 OF THE SE 1/4 OF SECTION 07, TOWNSHIP
3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO,
2021, HANDWRITTEN DATE: 5/12/2021,by AARON P. RUSH, PLS, SHEET
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MIDGROVE PLAZA H-2021-0033
Page 1 of 3
Page 47
Item#7.
I OF 3," 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 June 15, 2021, a true and correct copy of which is attached hereto marked
"Exhibit A" 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
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MIDGROVE PLAZA H-2021-0033
Page 2 of 3
Page 48
Item#7.
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 29th day of
June , 2021.
By:
Robert E. Simison 6-29-2021
Mayor, City of Meridian
Attest:
Chris Johnson 6-29-2021
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 6-29-2021
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MIDGROVE PLAZA H-2021-0033
Page 3 of 3
Page 49
Item#7.
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING 6/15/2021 Wegend
DATE: ff
ILIPraject Lacfl-fior - .0 0
TO: Mayor&City Council =kMHM
FROM: Sonya Allen,Associate Planner
208-884-5533 -
SUBJECT: FP-2021-0033
Midgrove Plaza ®�
Y I
I
I II
LOCATION: 1450 E. Franklin Rd.,in the SE 1/4 of '
Section 7,T.3N.,R.IE. (Parcel -
#SI107449996) -- -
I
I. PROJECT DESCRIPTION
Final plat consisting of 5 buildable lots on 12.84-acres of land in the C-G and I-L zoning districts.
II. APPLICANT INFORMATION
A. Applicant/Representative:
Benjamin Semple, Rodney Evans+Partners,PLLC— 1014 S. LaPointe St., Ste. 3,Boise,ID
83706
B. Owner:
Arthur Berry—4804 Roberts Rd.,Boise,ID 83705
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat and associated conditions of approval as required by UDC 11-6B-3C.2. There is one (1)fewer
buildable lot than shown on the approved preliminary plat.Therefore, Staff finds the proposed final
plat is in substantial compliance with the approved preliminary plat as required.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report.
Pagel
Page 50
Item#7.
V. EXHIBITS
A. Preliminary Plat(date: 1/13/20)
L®GROVE PLAZA SUBDIVISION
.._�.. Ip� ooD • e`��e."�. � �=•o ioio LCGEND
1
=4i q ---
Ik ZONING)
\ �ss.�r -3Y —��i R'1=�• _ a MK...i.Mrcn.w.n....ix....nai.e�r.
1450 E.FRANKLIN RD
\\. 12.831 ACRES my
� 0
o _ g ��— s
a.a' 1
GEOMATlCS
'rlmvzaxsF }\ SURVEYING MAPPING F 1
�......a.. QYWP ivOE�nupx'm
E 4 ,PRELIMINARY PLAT ` ��.. � - • s� _ �PPOI !
P �p
Page 2
Page 51
Item#7.
B. Final Plat(date: 5/12/2021)
PLAT SHOWING
MIDGROVE PLAZA
LOCATED WITHIN THE SE 114 OF THE SE 1/4 OF SECTION 07,
TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDA HD
2021
7 D SURVEYOR NOTES
_�L am SHEET INDEX saDIN Rlwalo �®ivl wwool,loxueouxonxv
8 c.R.3ozvsuz2s ATEnN,y moTWIDE PERMANENT EnsEMENT FORPusuc xxuxEA
uI—,,REEERE . LAND PR"'KIRRI�ATaxslue aE RESERVED Alnxc TxE
lEOP ovmeRs.wxvErrvneenrnzsKErCHEs _ _
UNION PACIFIC RAILROAD EET3 axv'RavALS,accEPIAECE AN.1ERNFI—.1 z IMERIO Azs raoT unosuvE KE
sllswswury moarsExlsnxu aExaETunE wcau_ssavo E�aess
IN E
— —_ ES 588°29'S1"E POR�{5 LEGENH s uarA..E'EFT REG. 'ITINGRIEW-1
28200' ,EcaEss ounLm EASEMErvT,REcoax[o AS INSTRUMENT
KUNWY
x
NO
z EASEMENTS
..... .. - ROVE KOA➢ORE
''................... I __ __ "11
RICHTDFWAv TAKE iHEle ACCESS Feats THE OESGINATFu INGKE55&EGPE55
Exu'nxC EUEMExr As MINIMEM NEREau BERLD ANousTEOABwEINNCCOI`noS-
.. Euwo MINE aouxoAR xoTEs 3zs INC PERMns aP AS SPEGA_
p ,..... I N o/OR RuIPEOuIIO
IDIN
q r,o —..—.. 9 - EweolYA,illrt To
® N�5/E'REeAR,•PI55aea•,uN Ecc OTHERWISE NoIEB NIZ6 oAlx)CWESERWIXJudwN RIG
J, s. Es •m ET 112 REBAR,SWITx AUMINUM—REREEx1ExcE eClln FRI uRAEMWHENSAEERRNFICRIL w
g u,�„ •vF ET11z'REBARwRN Awmwum CAR wlTxEss cxRxER orveEl,�N an-wns'coTMivs.au�Eo iNEHEW �
® CEMEM
nos/a"Res M
xxERM�ME o mNxMBER �oNL. _ _
--- oR j 0 BLOEKx MBER RESE RHAT
MIRKMU� AGGN°GE AQFEEu��^HE�ENTLaT
-...x --_-- W[F T� 11FRA1 EOEsRIA�"�EMENTs FG
v sa934•o3"E $� T b EXISTING EASEMENTS �mWEeRTTxHEErEEEm ERPHT HE�umrvcsEwEx EIAEMENT
x l2 _ .................�y zazu bS j ®, -.E Iwwu—R ESMTNV zmo — , S 3.A AG�5 BLOCK L ME Ww TO A CONSER ACN EASEMENG
92'
ag'3A�•E
®B�wBENMB EAWESAEENCTENI MA`°ax"w EERATE
..
m� s mM m w BE�ANRARY S wER ESMT �R3B ICE No E 1„r sxwm Amss E
�m DEARNITMY 6<50�BER111111 ENT LIE WITH ZONE AE ASPEEIAL ROOD
f`m
m'vnoE lrvcxEssrEExEss ESME LN.zo2ss2s2C(sEE xOTE9) NAZAPo APERMASEIRIA varvED HEREON
a,rm,Eaxs,n
ye�............................
.... .w ff o EEErcrlve oo-la-zoz0.uoulxuTeo Hee[on.
G k•�y,E � � CMA. Z 0 m wloEw rERRiINEEVT N T,N. BASIS OF BEARING
A E g wBNRax mmlx� ,1xxMlx 3Pro,x� AHE—Is11Ml ISEaAN 11 lowosxcsWEsrmNEPROT oxIE
o 07ANDTHEE.E QDMFREROGRBEROF H mRNERNE
� �NxTHEEASTONAR,ERmRrvEROESET�nx, EAE
MAEaw -.1. >o3> 1'�E S; &�''��w ❑1 I � � REFERENCES
RL
E.— xs ul_ wAeenrmD FA' m'w HI 1A mel
`'•'S� � zxzns' izzr
ARE
AGENCY REVIEW
05-12-2021
AAr
LNETAKF
�4 9A
z `'- ABBREVIATIONS
wa tb pTAE
NE rAsxA {7 OZONE PF 94gAM_.R��A
CAIBED pROSEE ER A' FEMAUEmORD xoxlSlRIR
NLRC3eo
Its FEETAE�EI�xwA(-NOT1„EE9WNmAIIIIMI eP.ATIIXI7 45'SS"W 589.98'n _ 7 a RAOA �Is''" ASURYEYING6MAPPING COMPANY
18 II� sm es'ss•xr vzNI INEOFEEGINNING
»z A E. FRANKLIN ROAD LO 17 m x PEMA-DEG n F—Dz x' 231BN.GGLE RO.I suITE CIBOxE,IOANOs3zw
�� Am
Page 3
Page 52
Item#7.
C. Landscape Plan(date: 3/31/2021)
+,�' --• — - vaa�ECT irvvoawnory
wii
,,
\`•�'7p -- r �SHRUB PLANTING +� - e ��
\� ! .._,—
Y z'— - _-.t DECIDUOUS THEE PLANTING_~
_ �„ •�.--1_� E.FRAMCl1N RCYiD x z�� � ...�.e�..,.,.,....e....._.m�e.. Y a.mrsr II
.,/,N 4NDS�CAPE LAN-OVE§ALL @GROUNDCOVER PLANnNGL I
Z= F
0 E
nme-a:O�a_a
{ 1450 E.FRANKLIN RD
12.831 ACRES -�
y ti Ya. � Lu
b:O LOT a _
r
2 030 AC
LCT4 \\ 88,437.815E
2-524 AC v„� (C-G ZONING)
109,928.345E
-KEY MAP jF
- — — — E FANiO-N R01D • e �.—.. oa '® —�I , �4�� ,,...-a. 3]
LANDSCAPE PLAN-AREA ONE
L2.1 1
Page 4
Page 53
- -------------------
----
4
LOT 5
2.635 AC
LOT 2
114.785.07 SF 2290 AC
(I-LZONING) 99,765.88 SF
(I-L ZONING)
EE
FE
1450 E.FRANKLIN RD
12.831 ACRES
T
$11.I I.I..-All PIA.-AREA
• %
----------------------
C%
IQ LOT 1
3.353 AC
148,056.68 SF
(I-LZONING)
Fon
4v
PF PLAN-AREA tr�,LgNQSCATHREE
L2
Page 5
Item#7.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development(H-2020-0029).
2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years
of City Council's approval(by July 7, 2022) of the preliminary plat in accord with UDC 11-
613-7 in order for the preliminary plat to remain valid; or, a time extension may be requested.
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 shown in Section V.B prepared by LR Geo, stamped on 5/12/2021 by Aaron P.
Rush, shall be revised as follows:
a. Modify note #5 as follows: 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#S 1107449111) in accord with UDC 11-3A-3A.2.
b. Modify note #6 as follows: 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.
c. Existing Easements Table—"E"and"F": Include recorded instrument numbers.
An electronic copy of the revised plat shall be submitted to the Planning Division prior to
signature on the final plat by the City Engineer.
5. The landscape plan shown in Section V.C, prepared by Rodney Evans + Partners, dated
3/31/21, shall be revised as follows:
a. Depict shrubs along with the proposed trees within the buffers along the multi-use
pathway and the street buffers along Franklin&Locust Grove Roads in accord with UDC
11-313-7C.3a and 11-313-12C.2.
An electronic copy of the revised landscape plan shall be submitted to the Planning
Division prior to signature on the final plat by the City Engineer.
6. A minimum 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 extending
to the Franklin/Locust Grove Road intersection as required by the Park's Department prior to
signature on the final plat by the City Engineer.
7. 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.
8. All future development shall comply 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.
9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
Page 6
Page 55
Item#7.
B. Public Works
Site Specific Conditions:
1. Ensure no permanent structures are within City easements (including but not limited to
trees,bushes,carports,trash enclosure walls,fences,storm water infiltration trenches,
streetlights,etc.).
2. The sanitary sewer line that is shown extending through lot 6 to serve lots 1,2,and 3
must be an 8"main due to line serving multiple lots.At each flow change a manhole will
be required.Unless otherwise noted on the plans,8"sewer lines are considered main
and must be covered in a utility easement.
3. All sewer and water mains constructed in unimproved areas must have an access road
built to Meridian City Design Standards.
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.
5. 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.
6. An additional streetlight is required on the west boundary of Franklin Road. 30-foot
Davit poles are allowed when there is an overhead utility conflict.The lights on Locust
Grove Road shall be Type 1, 35 feet high with a 12 Mast Arm.
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 11-313-14A.
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.
Page 7
Page 56
Item#7.
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.
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
Page 8
Page 57
Item#7.
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 wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in
the development, and if so, how they will continue to be used, or provide record of their
abandonment.
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,
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
Page 58