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CC - Staff Report for 3-22 STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/22/2022 Legend e DATE: 0 IProje�t Laca�iar. TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-884-5533 SUBJECT: SHP-2022-0002 Victory Commons Condominiums LOCATION: The site is located at 2976 S. Meridian _ Rd., in the southwest 1/4 of Section 19, T.3N. R.IE. Es r 1. PROJECT DESCRIPTION Short plat to condominiumize an existing building to create ten(10)units for ownership purposes,by BVA Development. II. APPLICANT INFORMATION A. Applicant: Jackson Cleverley,BVA Development—2775 W.Navigator Dr,Meridian,ID 83642 B. Owner: BVA Victory Commons Flex No 1 LLC-PO Box 51298,Idaho Falls,Idaho 83405 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 3/6/2022 Radius notice mailed to property owners within 500 feet 3/7/2022 Posted to Next Door 3/8/2022 Page 1 IV. STAFF ANALYSIS The subject property contains an existing 29,600 sq. ft. flex building which was approved by Certificate of Zoning Compliance in April of 2020(A-2020-0007). At the time the CZC was approved,the property was being constructed on a lot that was platted with the Mussell Corner Subdivision. In June of 2020,the property was replatted as Lot 4,Block 1 of Victory Commons Subdivision(H- 2020-0086). In March of 2022,the lot was reconfigured as Lot 4, Block 2 of Victory Commons Subdivision No. 2(H-2021-0054). The present proposal is to condominiumize the existing building into 10 units of air space. The individual unit spaces can be seen on Page 2 of the short plat shown in Section VI.A. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and deems the short plat to be in compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section Vlll. Page 2 VI. EXHIBITS A. Short Plat(date: 11/8/2021) -�Liz[- `4 / �,y ne Line Table �� YY u M Lerx�n olcn rem P.LS.1 / l6 ' 0 80' 160' nR52'R2J L7 1&ST 367d0'-05E o LS.tszo 4 ti ffs I/ �}.yp•R-2J L2 21.ST S53'04= CD � q��l/ �� SCALE:1.= )32Ti'f? L3 32.16 S36'32R6VY I_I ` , f ks�Sb. {T7.T6•RdJ LA 17.19 N69-YZW-Y r �` ♦P {{yyy i5ROYM-2J L5 59.R3' SH-42.17W �� .�P.L9.AAfia li ` le �� l�jl (W.53'R-2J L.5 51.53' N59'042M p E 4 1•, r $ P.Ls.ts00 f. ~./'•. �L',-�f Q I KEY NOTES, — - 1 � THIS SUBOMSION IS'.aIB.E[ 0 73 FIVE{51 FCOT LANDSCAPE E x B f `!. fy O LS CL KENNEDY LATERAL jPER ASSIGNS. MUSSEL CORNER 9U&DrUSION) 1d TEN(Iq FOOT PUBLIC L7rILr f J ~ f'�, /� ♦�k~ p, 75 THIRTY(3O]FOOT KEINEDY {_______________________ ______ ; ` ll �. c� pSTRIGT FOR INGRE53-EGF r BLOCK 1 �s�'� 1B E=TING 3DOEEN(16�FOO P.L.S.— L7 p•L$•TM9t� V 17 CITYOFMERJDIAN MATERE lop fa t L3 45 TEN(Iq FOOT WOE PERMA ,@.rR q lyI I a PL$i'.4 O Sl1BL]MSIOhl g Lm;ewcle i, 6a 9' ��I I I 9 8�ifleeELCOImER P,L8.7]79 b _ Ii 7 FGUM)2B•.LLI.MNILCAP =' P INITOM0 MILENTCA5E Lam PLSILLEG)LE P,L5.F5160 La-IRL9.. - GP.15F./M20616. O 2 C s2r�s-1L y-W c �. * v z Ike �� PROJECTSITI P.Lt3.9390 88°HO"23'VlI �LS7a19 �� 12 Iq Xa 1 dl m I -- — -- z � 7 GOVT L07 4 aP3&�15 S89-4Z 17-W 833.35 �2g� O P.L3.BifA RO (MUM'R-P) aSl' 19 —L ITJBP'SP3T'E l7J0.37'R-}) 69ar L ax 1— m9r4n?E 01m.iS 5•E.CORWII CI! 3 �P,Ls.a13s9p E- 'MRYROAD P.L.S. Fx:w sye 1 SF.xMM15472 Curve Table BASIS OF BEARINGS: 2775 W.Na gam-I THE 9ASIS OF 9EARINGS FOR THIS SURVEY IS THE WEST BOUNDARY OF GOVERNMENT LOT �-� Ler>0 R.M.I11D¢Im pIPLtl DLeCtlIXI CIpN Lerglh 5Ni1e 2111 d,TAKEN AS NCU'3d'3E-E PER RECORD OF SURVEY 912,282.BEARINGS ARE GRAD, C7 I 4a.37 I 655.0a'1 3.31'3V I EAS-SUM'E I 40.37 Al—r..,ID 83642 DISTANCESARE GROUND. (299)895-25211 SOS'S4'dB"E 40.32' Page 3 VICTORY COMMONS CONDOMINIUMS BOOK PAGE N50'45'37"E 377 63' LEGEND: Page 4 VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Site Specific Conditions: 1. All development shall comply with the terms of the approved preliminary plat(H-2019- 0150), development agreement(Inst. 2019-119405), final plat(H-2021-0054), certificate of zoning compliance(A-2020-0007) and any future amendments to that agreement as applicable. 2. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 3. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS (Common) SITE SPECIFIC CONDITIONS: 1. Developer is required to enter into a reimbursement agreement for the installation of one streetlight that was installed on Chinden Boulevard as part of the widening project.The developer is required to sign the reimbursement agreement and pay the installation amount of$8,465.00 prior to signature of the plat. 2. No changes to public works infrastructure was shown with the application, any public works changes must be reviewed by public works engineering prior to approval or construction. 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. 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 Page 5 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 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. Page 6 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. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is C-G. Staff finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-N district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 7 Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. Sewer,water,utilities and pressurized irrigation already serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat to condominiumize the existing structure will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 8