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Fulfer Sub No. 5 FP BEFORE THE MERIDIAN CITY COUNCIL C/C March 29, 2005 IN THE MATTER OF THE APPLICATION OF KEVIN HOWELL CONSTRUCTION, INC. FOR FINAL PLAT APPROVAL OF 45 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 13.56 ACRES IN AN R-4 ZONE LOCATED NORTH OF WEST MCMILLAN ROAD AND EAST OF NORTH TEN MILE ROAD IN A PORTION OF THE EAST 'h OF THE SW %OFT.4N.,R.IW., SECTION 26 CASE NO. FP-05-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on March 29, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 29, 2005, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING FULFER SUBDNISIONNO. 5 LOCATED IN A PORTION OF THE EAST y, OF THE SW \4 OF T. 4N., R. I W., SECTION 26, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.5 I (FP-05-O18) Page 1 of4 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE:02/15/05, SHEET I OF 2, J-U-B ENGINEERS, INC.", KEVIN HOWELL CONSTRUCTION, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 29, 2005, listing 24 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from J-U-B Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 5 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their March 29, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO. 51 (FP-05-018) Page 2 of 4 prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash 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 thatpursuantto 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO. 51 (FP-O5-018) Page3 of 4 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 as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the gq-\-h day 0 f m o.rc.h ,2005. Attest: By:J~(), . Aw M.- Clerk's Office Dated: 4- z.q -Qt; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO. 51 (FP-05-018) Page40f4 MAYOR Tammy de Weerd f olfo;:; .Ii ~ \ ,;.. IDAHO j :!I-C ~ ...v, "T..^"u""V~ . m¡ PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888-6854 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree STAFF REPORT: Hearing Date: March 29, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner JIf Michael Cole, Development Services Coordinator J'Y\ C- Re: Fulfer Subdivision No.5 Final Plat approval of Forty-five (45) Single-Family Residential Building Lots and One (I) Common Lot on 13.56 Acres in an R-4 Zone, by Kevin Howell Construction (File No. FP-O5-018). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Kevin Howell Construction, has applied for Final Plat approval of 45 single- family residential building lots and I common lot on 13.56 acres of land for Fulfer Subdivision No.5. The current zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 3.3 d.u.lacre and a net density of 4.52 d.u.lacre. This phase was preliminary platted under the name of Lochsa Falls Subdivision. Mr. Howell purchased the property from the Lochs Falls developer and intends to develop it in compliance with the approved preliminary plat. Fulfer Subdivision No.5 is located approximately \4 mile east ofN. Ten Mile Road, north ofW. McMillan Road in the SW \4 of Section 26, TAN., R.IW. The common area lot within this subdivision consists of landscaping, open space, and storm drainage and will be owned and maintained by the Homeowners Association. The pressurized irrigation system within this development will be owned and maintained by Settler's Irrigation District. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for lot size (from 8,000 s.f. to 6,500 FP-O5-0l8 Exhibit "A" Fulfer Sub5 FP.doc Mayor & City Council Hearing Date: March 29, 2005 Page 2 s.f.), lot frontage (from 80-ft. to 60-ft.), setbacks (side setback - 7-ft for 2-story and IS-ft. for non-front entry garages), and house size. It also allowed for blocks within the subdivision to exceed the maximum block length of 1,000 feet. The submitted final plat substantially complies with the approved preliminary plat for this subdivision. Staff recommends approval of the final plat for Fulfer Subdivision No.5 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved conditional use permit (CUP-02-012), preliminary plat (PP-02-009) and Development Agreement (Inst. No's. 103012598 & 104022054). 2. The applicant has indicated that the Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Fencing must be in compliance with MCC 12-4-10. 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 6. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. FP-O5-018 Exhibit "A" Fulfer Sub5 FP.doc 14. 15. 16. 17. 18. 19. 20. Mayor & City Council Hearing Date: March 29, 2005 Page 3 8. Graphically depict a 20-foot wide easement centered over the proposed sewer main running through Lot 11, Block 16. 9. Complete the Certificate of Owners and accompanying Acknowledgment prior to signature on the final plat. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. lL Complete book and page number of adjacent recorded plat. 12. The total width of each right-of-way should be depicted on the face ofthe plat. 13. Stormwater drainage swales must be in compliance with MCC 12-13-14. Revise the landscape plan dated 1/28/05, prepared by Harvest Design, as follows: a. Sand is not allowed in drainage areas, show seed in these areas. Revise or add the following notes on the face of the plat: (3.) (4.) ". . .right -of-way. rear lot lines. and the exterior boundary. . ." ".. .interior side lot lines aaè iÐterier rear let !iRes, unless otherwise..." Remove the graphically depicted 8-foot wide easement shown on back lot lines of Lots 11-19, Block 17. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. Remove the graphically depicted 8-foot wide easement shown on common rear lot lines of Lots 2-20, Block 16. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. Remove the graphically depicted 8-foot wide easement shown on rear lot lines Lot II, Block 15. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. Remove the graphically depicted 8-foot wide easement shown on the rear lot lines of Lot I, Block 25; Lots 24, 23 ,22,21, II, Block 16; Lots 6, 7, Block 23. All rear lot lines shall have a standared 10 foot public utilities, drainage easement as per note 3. Graphically the depict an 8-foot wide public utilities, drainage irrigation easement on the north property line of Lot 23, Block 16. The extra width of the easement is due to an irrigation main. 21. Developer shall coordinate mailbox locations with the Meridian Post Office. FP-O5-018 Exhibit "A" Fulfer Sub5 FP.doc 2. 3. 4. Mayor & City Council Hearing Date: March 29, 2005 Page 4 22. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 23. Please submit all updated groundwaterlsoils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: I. Any portion of a drainage area not improved with sodlgrass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 24. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP-05-0l8 Exhibit "A" Fulfer Sub5 FP.doc Mayor & City Council Hearing Date: March 29, 2005 Page 5 6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. FP-O5.018 Exhibit "A" Fulfer Sub5 FP.doc Mayor & City Council Hearing Date: March 29, 2005 Page 6 9 STAFF RECOMMENDATION Staff recommends approval of the final plat for Fulfer Subdivision No.3 with the above stated comments and conditions. FP-O5.018 Exhibit "A" Fulfer Sub5 FP.doc MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell ShaDD Wardle Charles M. Rountree olfo~;:;;ltrn JOAHO PUBLIC WORKS BillLDING DEPARTMENT (208) 898-5500 . Fax (208)898-9551 PLANNING AND WNING DEPARTMENT (208) 884.5533 . FAX 888-6854 STAFF REPORT: Hearing Date: March 29, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner JIf Michael Cole, Development Services Coordinator J'Y\ C- Re: Fulfer Subdivision No.5 Final Plat approval of Forty-five (45) Single-Family Residential Building Lots and One (1) Common Lot on 13.56 Acres in an R-4 Zone, by Kevin Howell Construction (File No. FP-O5-018). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: City comments received bv I JUB on March 28. 2005. JUB comments in red on 3/29/05 bv Garv Lee APPLICATION SUMMARY & LOCATION The applicant, Kevin Howell Construction, has applied for Final Plat approval of 45 single- family residential building lots and I common lot on 13.56 acres ofland for Fulfer Subdivision No.5. The current zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 3.3 d.u.lacre and a net density of 4.52 d.u./acre. This phase was preliminary platted under the name of Lochsa Falls Subdivision. Mr. Howell purchased the property from the Lochs Falls developer and intends to develop it in compliance with the approved preliminary plat. Fulfer Subdivision No.5 is located approximately \4 mile east ofN. Ten Mile Road, north ofW. McMillan Road in the SW \4 of Section 26, TAN., R.IW. The common area lot within this subdivision consists of landscaping, open space, and storm drainage and will be owned and maintained by the Homeowners Association. The pressurized irrigation system within this development will be owned and maintained by Settler's Irrigation District. FP-O5-018 Exhibit B Fulfer Sub5 FP.doc Mayor & City Council Hearing Date: March 29,2005 Page 2 A Conditional Use Permit!Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for lot size (from 8,000 s.f. to 6,500 s.f.), lot frontage (from 80-ft. to 60-ft.), setbacks (side setback - 7-ft for 2-story and IS-ft. for non-front entry garages), and house size. It also allowed for blocks within the subdivision to exceed the maximum block length of 1,000 feet. The submitted final plat substantially complies with the approved preliminary plat for this subdivision. Staff recommends approval of the fmal plat for Fulfer Subdivision No.5 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved conditional use permit (CUP-02-012), preliminary plat (PP-02-009) and Development Agreement (Inst. No's. 103012598 & 104022054). O.K. 2. The applicant has indicated that the Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. SETTLER'S DOES OWN THE P.I. SYSTEM. AN I EXISTING WELL LOCATED IN FULFER # 3 IS BEING USED FOR THE BACKUP WATER SOURCE. 3. Fencing must be in compliance with MCC 12-4-10. O.K. 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. O.K. I 5. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. O.K. I 6. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. O.K. 7. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent FP-O5-018 Exhibit B Fulfer Sub5 FP.doc 14. 15. 16. 17. 18. Mayor & City Council Hearing Date: March 29, 2005 Page 3 properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. O.K. 8. Graphically depict a 20-foot wide easement centered over the proposed sewer main running through Lot II, Block 16. O.K.. HOWEVER. WE REOUEST THAT THE SEWER EASEMENT BE DESCRIBED AS 5' RIGHT AND 15' LEFT OF THE SEWER CENTERLINE - LOOKING DOWNSTREAM. THIS WILL ALLOW THE EASEMENT TO BE CONTAINED FULLY WITHIN LOT 11. WHICH IS A COMMON LOT. 9. Complete the Certificate of Owners and accompanying Acknowledgment prior to signature on the final plat. O.K. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. O.K. I I I I 11. Complete book and page number of adjacent recorded plat. O.K. 12. The total width of each right-of-way should be depicted on the face ofthe plat. O.K. 13. Stormwater drainage swales must be in compliance with MCC 12-13-14. O.K. Revise the landscape plan dated 1/28/05, prepared by Harvest Design, as follows: a. Sand is not allowed in drainage areas, show seed in these areas. O.K. Revise or add the following notes on the face of the plat: (3.) (4.) ".. . right-of-way. rear lot lines. and the exterior boundary.. ." O.K. ".. .interior side lot lines and ifttøner FBar let HaBs, unless otherwise..." O.K. Remove the graphically depicted 8-foot wide easement shown on back lot lines of Lots 11-19, Block 17. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. O.K. I Remove the graphically depicted 8-foot wide easement shown on common rear lot lines of Lots 2-20, Block 16. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. O.K. I Remove the graphically depicted 8-foot wide easement shown on rear lot lines Lot 11, Block 15. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. O.K. 19. Remove the graphically depicted 8-foot wide easement shown on the rear lot lines of Lot FP-O5-018 ExhibitB FulferSub5FP.doc Mayor & City Council Hearing Date: March 29, 2005 Page 4 20. 21. 22. 23. 24. I, Block 25; Lots 24, 23,22,21, II, Block 16; Lots 6, 7, Block 23. All rear lot lines shall have a standared 10 foot public utilities, drainage easement as per note 3. O.K. Graphically the depict an 8-foot wide public utilities, drainage irrigation easement on the north property line of Lot 23, Block 16. The extra width of the easement is due to an irrigation main. O.K. Developer shall coordinate mailbox locations with the Meridian Post Office. O.K. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. O.K. Please submit all updated groundwaterlsoils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. O.K. I Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. O.K. I GENERAL REOUIREMENTS 2. 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature O.K.. BUT NONE ON THIS SITE I NEED TO BE PIPED. THE EXISTING WASTE DITCH ALONG THE WESTERN BOUNDARY IS BEING ABANDONED. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. O.K.. BUT NONE I EXIST. FP-O5-018 Exhibit B Fulfer Sub5 FP.doc Mayor & City Council Hearing Date: March 29, 2005 Page 5 3. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. O.K. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. I O.K.. BUT NO LOTS WILL BE FILLED MORE THAN ONE FOOT. 5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. DONE 6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. O.K.. BUT. NO TREES EXIST ON THIS SITE. I 7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. O.K. 8 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. O.K. STAFF RECOMMENDATION Staff recommends approval of the final plat for Fulfer Subdivision No.5 with the above stated comments and conditions. FP-O5-018 Exhibit B Fulfer Sub5 FP.doc