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Pine 43 Animal Farm Subdivision FP-2022-0017 Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 26, 2022 ORDER APPROVAL DATE: AUGUST 9, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 2 BUILDING ) CASE NO. FP-2022-0017 LOTS ON 6.99 ACRES OF LAND IN ) THE C-G ZONING DISTRICT FOR ) ORDER OF CONDITIONAL PINE 43 ANIMAL FARM ) APPROVAL OF FINAL PLAT SUBDIVISION. ) BY: J-U-B ENGINEERS, INC. ) APPLICANT ) This matter coming before the City Council on July 26, 2022 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 PINE 43 ANIMAL FARM SUBDIVISION, LOCATED IN THE NE '/4 OF THE SW 1/4 OF SECTION 8, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 6/30/2022, by TIMIOTHY HARRIGAN, PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PINE 43 ANIMAL FARM SUB.—FILE#FP-2022-0017) Page 1 of 3 I OF 4,"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 July 26, 2022, 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(PINE 43 ANIMAL FARM SUB.—FILE#FP-2022-0017) Page 2 of 3 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 9th day of August , 2022 By: Robert E. Simison 8-9-2022 Mayor, City of Meridian By Brad Hoaglun, Council President Attest: Chris Johnson 8-9-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-9-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PINE 43 ANIMAL FARM SUB.—FILE#FP-2022-0017) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/26/2022 Legend 0 DATE: Project Location '� ■ TO: Mayor&City Council ® _ R-40 1-L FROM: Joseph Dodson,Associate Planner R-8 RUT 208-884-5533 L-O :-G SUBJECT: FP-2022-0017 L-o Pine 43 Animal Farm FP DDD LOCATION: The site is located at 2145 E. Pine I Avenue and 650 N.Webb Avenue, at the C-G southeast corner of E. Pine and N.Webb, 1-L RUT C-G C G in the NE 1/4of the SW '/a of Section 8, , C�2 - Township 3N., Range IE. R;15-RUT rR-��C=C- I. PROJECT DESCRIPTION Final Plat request for 2 commercial building lots on approximately 6.99 acres of land in the C-G zoning district,by J-U-B Engineers, Inc. II. APPLICANT INFORMATION A. Owner/Applicant: Justin Touchstone,Hansen-Rice— 1717 E Chisholm Drive,Nampa,ID 83687 B. Applicant Representative: Terry O'Brien,J-U-B Engineers,Inc.—2760 W Excursion Lane, Ste. 400,Meridian,ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(Pine 43 AZ,RZ,PP,MDA—H-2017-0058) as required by UDC 11-6B-3C.2. The submitted plat includes one less buildable commercial lot for the subject area as was approved with the preliminary plat. Furthermore,the submitted final plat will correct the illegal subdivision currently in place for these lots. 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. Page 1 V. EXHIBITS A. Preliminary Plat(date: 8/28/2017) I I Y a oAA u 25J. �� fA �73174 d6l33 i� I•—idG'SC[tlW yibC73 7 ipyeva ....—_. ._.� fir' s T a � }..€ 4 ' AER �e �� N4 °$� s3 A ..�, H e 55 FF ;� -S- pC 7 � ��� � ¢a�e�'s ���������A��>;rn1s ���ag�p `� ��3��F ;$�s::�� ; ox ry p �Q�Q§a O I 8 8 8 $ m $■ Y E�C� tF gg F-; « p r P c c?�_ s! i n F 6 5 T. irk t g$ d�N �� nja- — ; 1.1 r.. ,. �•„• R F � - PINE 42 SUBDIVISION wia�� .w-e FKO,INEEas.lnc. A i o .� MERIDIAN,IDMO $G_ 2so s.aeed,Mood n... 5We 2Ui § � ewe.,to�aTnyazu 9 A 9p/NDAF1Y ANO PPA.ECTINFORMATION - _ waaca Page 2 1 � ------------------ C 1 YY e �Ifl �i r e— • w� � t � r . , 1 t I 1 i wr...,are PP-06 Page 3 B. Final Plat(date: 6/30/2022) PLAT OF PLAT BOOK PAGE 6 5 PINE 43 ANIMAL FARM SUBDIVISION SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION B, B TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN s6cnoN coR CITY OF MERIDIAN,COUNTY OF ADA,STATE OF IDAHO LEGEND NER 3-INCH BRAS.CAP[5281] 2022 -SUBDIVISION EOI UNE _^ CP&F 2929-00.9]66 -LOT LINE POINT OF COMMENCEMENT RIGNi-OF-WAY HNE -BEOfION LINE CN4TER LINE n l.� -.-----.-- -TIE ONE PROPERLY LINE ----. -TIE ONE -UfIL Ic P FASE LINE(SEE E5MT NOTE 0.) N z - ----- - -EX.IO W.ER EASEMENT NNE(SEE 611f ONE 5) CENTER OHARLER CORNEA - - _RECIPROCAL PLCE55 F15FNENT UNE(SEE ESNf NOTE 6} --- _ 2-I/2-INCH PLUM.CPP[]8801 ] B CP&F 2010-05531a 68R54'SJ°E 2649.69' A _ - - SOP5212-* -SECTION CORNER E,PINE AVENUE -OUPRIER SECTION CORNER 72.94' BEGINNING ------- -CFNiPR gIIARLER CORNER __ T16'45'M1 $89'S4'DO'W 2b1.35' POiM OF 58B'S4'00'N'D[443 O -SET 1�2-INCH x24-INCH REBAR WITH --. -.--.--._.....�4431_,__,__e1__.--.- .- l QUARTER CORNER I PLASTIC CPP aRKSC'JUB m 1]fi65- ________________!�_. 534.03' 3-INCH DNASS CM[5 9t] -----'--'—-- ---------- f$ -SEf 5//8-INCH x24-INCH REBAR WRH CPkF 10)159]25 \ [ ] .�'� PIPSirC CPP MPANm%UB PLS 17565" l Qh% O -SET 13/18-INCH BRASS PLUG IN COI 1 NO CAP V' `\ `r fi FZ)°J-U-B 17555" ADD�D[17665] ® -S 1 2-INCH 24-INCH FEBW1 WITH P C CJP MWiNEO'JUB FSMNi PLS 1]665' I I� � -rouuo 1/2-INCH RE9AR As uoTEo POuNc 5/B--REBAR As uoTm I [db31] .` BLACK 1 - a 1 -FOHNC..Nu.-OS NOTED SOV23'331E 1 -DIMENSION POINT-NOT SET OR POUND ct -CURJE COURSE NUMBER MPIUL) 1 L# -IJNE C6HRSE NUMBER(TP—) II 5 -LOT NUMBER WMAL) 1 [4431] CiO (B#Kk] -PIS NUMBER TCUND ON MONUMENT 3 ACR -1.COHNiY REC— C+ �.C1 od-.� ORAC -OFF—RECORDS OF PDA COUNTY C12INE FINE Ek.RECIPROCAL ACCESS A 530'35'58E EASEMENT.SEE ESMi NOTE 6. n {{,,�� Nu.w�aN1F TOSb6w �41]2]S 3\55 -a'Inn sz.1a ns u 1-1t � � s•oow 62 1 � 97T21 ONE I.- BLOCK 1 d o OD 120 2 ' SCALE IN FEET I NoT YFI R-1-rAOF4CW A 40- dbdbdbp NOT FORR RECORDATION s b I m ro I � I } o �F1'LSO'QP � �.7665 Y 56755'43'E 463.58' a NUB 11 4 LAYNE PIOUS pN PORK BOBOMfiION ' 1-U B ENGINEERS,LNG SEE BHEETE FOR NOTES, BOOR 6D or PUNS,PA,;Es 7n3 ANo nu,Am EASEFAENT NOTES,REFERENCES, nw wen AND SURVEYOR'S NARRATIVE r m"""'I"n�WmN SHEET52I UF4 Page 4 N m.8 ;1 e m v s w N Z , g o moi c O 'wo en lm T N�i $ z - m o mA�o rN�s2 a02 3N m 1Np 2 � o N aZ A hs o y $mmO , m Or o c a �� �;pH o-p �on Ucm� a o;z;Zo N v Z o io co Fry Si c s _Ol A� _ p FFF �m SQQQ rp�C � 2 m 0-A S� y�Om �10 •-• MM f!i GI � m� m; r Am 3< g�� oT i m n oho z� T $ii o - m sczi Y � m o €; m N m9s9g� Qm o =� z A o W Am il _ y� �g>o Cg�> A�y4 g f a mm5`mm o D O Z DOKmm�Fy A Ng C y A r � I � D ° 3 m N C D oa�oN ommm m m m mm � mho y az m C „ pus vz�c 0` al �p � Z o o<` Ulf o$ O 2 i i 2- Mmm g8z� z � 00 R 2 oo� r z ADS c m" Z o G '" RSz"' O m d o 0 o c 3 a ypi oz25 .5,- ZHA. N o NNE �m W z. 9 mo m R 8 rr��� o�^�A 1— oo r'm 9 z s zm`nm c o a A �oyi ��s �-mo zy m A �foio A z o NJ; m N� o �i 6 o 'M f E $� ma$ Z. z mz�' moz z v 8 om .�SQ O w oNoc ; o m �cc O e' c ^ poi s 08g q q Z 3' ^ N m2 y N N � O A Page 5 C. Landscape Plans(date: 5/25/2022) iR r r o 1LIllsiF EE1 lFFli�F � C�'� I�qQ• �P��pq �•�qy� �E �^P i� I Rill pr 11H I'll I � I fff • f I _ i I r I a -y,Y _ G • I m iI tl tl l z I I I ! I I � Y � GGRI LA MIND, � ❑ '� Pf g S: o- _- Page 6 Intl iK[ WINE ICA � I j I I I I I I h I f I i h I I I I h I I I I � I I I I � I PIAN�M1REA 1 _ ___I__________ r u L101 f o p, � I I I I I pl I I O i I � OBI I z O _ I r I p I O I 0. I I ----------------------- ---------------------- ; P z L162 Page 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-2017-0058 (AZ,RZ,PP,MDA), DA Inst. #2018-000751. 2. The applicant shall obtain the City Engineer's signature on the final plat by June 8,2023, within two(2)years of the date of approval of the last final plat signature(Pine 43 Subdivision No. 2)OR within two years following the Pine 43 phase 3 final plat signature not yet recorded(FPS-2022-0023), 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 J-U-B Engineers, stamped on 06/30/22 by Timothy Harrigan, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Correct note referencing the DA instrument number to reflect the correct DA(2018- 000751). b. Note#6: Include instrument number. c. Depict and label the required landscape street buffers to E. Pine and N.Webb on the plat as required in the UDC for commercial properties, even if they are existing. 5. Prior to City Engineer signature on this final plat,revise the landscape plans shown in Section V.C,prepared by South, Beck&Baird, dated 5/25/22,as follows: a. Depict existing landscaping that is within the boundary of the subject final plat in addition to the proposed new landscaping. 6. 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. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Fire line located at the NW corner of building- The jurisdictional valve for the fire line must be down stream of the hydrant. Fire lines are private but hydrants are public. 2. 20' easement is required for water main and fire hydrant. Easement to extend 10' beyond hydrant. 3. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. 4. On the Landscape Plans it appears that there are trees that would be inside the easement for hydrants.Adjust these accordingly. 5. Fire flow was modeled at 1,500 gpm. If more flow is required contact Public Works. 6. Flow is committed for Waste Water. 7. Commercial sites require 6" sewer service line. Page 8 8. Ensure no sewer services pass through infiltration trenches. 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 I I-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 9 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 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 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 Page 10 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 11