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HomeMy WebLinkAboutDevon Park North PFP 07-002 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary I Final Plat approval of two (2) lots in an existing R-15 zone, for Devon Park North by Doug Tamura Case No(s). PFP-07~002 For the City Council Hearing Date of: June 26, 2007 Findings for the City Council Regular Meeting of: July 10, 2007 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 26,2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-002 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Final Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of June 26, 2007, incorporated by reference. The conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S ll-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated March 7, 2007, is hereby conditionally approved; 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, dated March 28, 2007, is hereby conditionally approved; 3. The Applicant's Final Plat, as evidenced by having submitted the Final Plat, dated March 7,2007, is hereby conditionally approved; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 26, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-002 Applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat, or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met, and the Applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521, an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a conditional use permit approval 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. F. Attached: Staff Report for the hearing date of June 26, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-002 By action of the City Council at its regular meeting held on the ~~tJ ,2007. loft: day of COUNCIL MEMBER CHARLIE ROUNTREE VOTED /#re-J VOTED 4PL-- VOTED ~ VOTED ~ COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD - VOTED ATTEST: L Copy served upon: ~PPlicant ~..Planning Department ~yublic Works Department J ~City Attorney By: J ~ ~ AA--- Dated: ..., -12 -01 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 STAFF REPORT Hearing Date: 6/26/2007 oU'&rldl~\ \ I [>.\HO ~ ~ ' TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 208-884-5533 SUBJECT: Devon Park North . PFP-07-002 Request for Preliminary / Final Plat of Two (2) Lots on 4.64 Acres in an R-15 Zone, by Doug Tamura 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Doug Tamura, has applied for Preliminary / Final Plat (PFP) approval to subdivide one existing lot into two new lots within the Devon Park / Fairview Lakes development. The property is currently zoned R- 15 (Medium High-Density Residential) and is located at 1960 N. Lakes Place in the SW~ NE~ of Section 6, Township 3, North Range 1 East, B.M. This site has been previously approved for a planned retirement center. The subject property is commonly known as Lot 4, Block 1, Devon Park Subdivision No.2. Devon Park Subdivision No.2 was recorded on April 25, 2005. The Applicant is proposing to subdivide Lot 4, Block 1, into two new lots, for Devon Park North. The proposed lot sizes are at approximately 3.25 acres and 1.39 acres. The subject development is eligible for a combined preliminary / final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside, or the like (UDC 11-6B-4A). The subject property is within the City's Area ofImpact and Urban Service Planning Area and is annexed into the city with an R-15 zoning district designation. 2. SUMMARY RECOMMENDATION Staff recommends approval of PFP-07-002 for Devon Park North, as presented in the staff report for the hearing date of May 17, 2007, based on the Findings of Fact listed in Exhibit D and subject to the comments listed in Exhibit B. The Meridian Plannin!! and Zonin!! Commission heard these items on May 17. 2007. At the DubUc hearin2 the Commission voted to recommend aDDroval of the subject PFP aDDlication. a. Summary of Commission Public Hearin2: i. In favor: Linda Hines (Applicant's Representative) 11. In opposition: None 111. Commenting:: None iv. Written testimony: None v. Staff presentilll! application: Amanda HesS vi. Other Staff commenting on application: None b. Key Issues of Discussion by Commission: i. What has been constructed on site to-date - Alzheimer's Unit & Assisted Living Facility. c. Kev Commission Chan2es to Staff Recommendation: i. None d. Outstandin2 Issue(s) for City Council: i. None Devon Park North - PFP-07-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 The Meridian Citv Council heard these items on June 26. 2007. At the Duhlic hearing they aDuroved the suhiect aDDlicatioD. a. Summary of Citv Council Public Hearin{!: i. In favor: Doul! Tamura (Annlicant) 11. In onnosition: __None 111. Commentin~_ None IV. Written testimony: None v. Staff nresentinl! aoolication: Anna Canning: vi. Other Staff commentinll on anDlication: None b. Kev Issues of Discussion bv Council: i. The multi-us~a.thwav located on-site c. Kev Council Changes to Commission Recommendation: i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-07-002, as presented during the hearing on June 26, 2007, with the following modifications to the conditions of approval: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-07-002, as presented during the hearing on June 26, 2007, for the following reasons: (state specific reasons for denial ofthe annexation and/or prelilninary plat request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number PFP-07- 002 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1960 N. Lakes Avenue SW ~ SE ~ Section 6, T3N, R1B b. Owner: Grace @Fairview Lakes, LLC 4356 N. Ninesridge Lane Boise, ill 83702 c. Applicant: Doug Tamura 1124 Santa Maria Boise, ill 83712 d. Present Zoning: R-15 (Medium High-Density Residential) e. Present Comprehensive Plan Designation: Mixed Use - Community Devon Park North - PFP-07-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): March 7,2007 2. Date of Landscape Plan (See Exhibit A): March 28,2006 (PREVIOUSLY APROVED) 2. Date of Final Plat (See Exhibit A): March 7,2007 g. Applicant's Statement / Justification: The request to divide Lot 4, Block 1, into two lots is to accommodate long-term financing on Phase I of the retirement facility. 5. PROCESS FACTS a. The subject application will, in fact, constitute a combined preliminary / final plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Apri130, 2007, & May 14, 2007 (Planning & Zoning Commission) June 4. 2007. & June 18. 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: April 20, 2007 (Planning & Zoning Commission) June 1. 2007 (City Council) d. Applicant posted notice on site by: May 7,2007 (Planning & Zoning Commission) June 16. 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Assisted living and Alzheimer's facilities. b. Description of Character of Surrounding Area: A mix of single family residential, group care facilities, and existing and proposed office / commercial properties. c. Adjacent Land Use and Zoning: 1. North: The Willows Subdivision, zoned R-8 2. East: Settler's Village Resubdivision, zoned R-8 3. South: Offices (existing and proposed), zoned R-40 4. West: Fairview Terrace Estates, zoned R-8 d. History of Previous Actions: In 2005, CUP-04-049 granted approval for a 30-unit Alzheimer care building, also to be located on Lot 4, Block 1. This building is located at the west line of Lot 4 and has been constructed. Also in 2005, a 40,000 square foot, 65-unit assisted living facility on Lot 4, Block 1, of Devon Park Subdivision No.2 was granted detailed conditional use permit approval (CUP-04-037). This facility is centrally located on the subject lot and is built out, as well. In 2006, the remaining portion of Lot 4, Block 1, received detailed CUP approval for a 40-unit, 34,377 square-foot congregate care facility (CUP-05-055). The Alzheimer and assisted living facilities will be located on Lot 1, Block 1, of the proposed subdivision. The congregate care building is to be located on Lot 2, Block 1, of the subject Devon Park North - PFP-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 subdivision. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Sewer for this building was installed with the approved plans for Grace Assisted Living dated 6/24/05. Any change to the plans will require approval from the City of Meridian Public Works Department. Location of water: Existing stubs in E. Clarence Street. Installation should reflect the approved plans for Grace Assisted Living dated 6/24/05 Issues or concerns: None 2. Vegetation: Existing (Approved via CZC-05-006, CZC-05-024, & CZC-06-033) 3. Floodplain: N/ A 4. CanalslDitches/Irrigation: Jackson Drain runs through the subject property 5. Hazards: N/A 6. Size of Property: 4.64 acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 2 3. Total Building Lots: 2 g. Landscaping: 1. Width of street buffer(s): N/A 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: N/ A 4. Other landscaping standards: Per UDC 11-3A-15, all developments shall have underground pressurized irrigation systems in compliance with Meridian City Code, Title 9, Chapter 1. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Primary access to the site is from Fairview Avenue via N. Lakes Place. Secondary access is provided from E. Clarene Street to the east. All accesses are existing and received prior approval through ACHD. 7. COMMENTS MEETING On April 27, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use - Community" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Mixed Use" areas are anticipated to provide a combination of land uses under a master of conceptual plan including, but not limited to, retail, office professional, and/or residential uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): . Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the Devon Park North - PFP-07-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 26, 2007 provision of all public services. The City of Meridian plans to provide municipal services to the subject development in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense, if necessary. . The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject PFP upon the Applicant installing and maintaining any additional landscaping on this site, as needed. Refer to the PFP Analysis, Section 10, for more information on landscaping at this site. . Chapter VII, Goal IV, Objective C, Action I . Protect existing residential properties from incompatible land use development on adjacent parcels. Staff finds that the adjacent residential developments and office uses are compatible with the proposed subdivision. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists Nursing and I or Residential Care Facilities as Conditional Uses in an R-15 district. Specific Use Standards listed in Chapter 4. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIMINARYIFINAL PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the development with the Unified Development Code, Staff believes that the requested subdivision is appropriate for this property. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Devon Park North - PFP-07-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 1. Plat Naming: Per City Requirements, numbers within Preliminary Plat names are reserved solely for phasing of subdivisions. Therefore, Staff requests that the subject Preliminary Plat be referred to as Devon Park North. The Final Plat may be recorded, however, as "Devon Park Subdivision No.4." 2. Access: Primary access to the site is from Fairview Avenue via N. Lakes Place. Secondary access is provided from E. Clarene Street to the east. All accesses are existing and received prior approval through ACHD. No additional access for the site is proposed nor approved at this time. 2. Landscaping: No additional landscaping improvements are necessary for this development, as all applicable requirements have previously been met via ClC-05-006, CZC-05-024, & CZC-06-033. Any future development or change in use on the subject site may require installation of additional landscaping. Staff will evaluate this at the time of submittal for Certificate of Zoning Compliance. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should utilize any existing surface or well water for the primary source. If not already, an underground, pressurized irrigation system should be installed to all properties per the approved specifications and in accordance with UDC 11- 3A- 15 and MCC 9-1-28. 4. Multi-Use Pathway: Per the requirements of the Planned Development for the subject site, a multi-use pathway was required across this site. On the submitted landscape plan, the pathway dead-ends approximately 40 feet south of the north property line. The Meridian Parks Department requests the Applicant construct the remaining pathway to terminate at the northwest comer of the site. The Applicant should contact the Meridian Parks and Recreation Department to coordinate the dedication of the remaining portion of the multi-use pathway. 5. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered, as necessary. 6. Certificate of Zoning Compliance (CZC): The Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building and/or occupancy permits. b. Staff Recommendation: Based on the above analysis, Staff fmds that application PFP-07 -002 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said PFP application subject to the conditions listed in Exhibit B. The Meridian Plannio!! and Zonin!! Commission heard these items on Mav 17. 2007. At the public hearinl! the Commission voted to recommend approval of the subject PFP application. The Meridian City Council heard these items on June 26. 2007. At the DubHe heariDP- tbev aDDroved the subiect annlication. 11. EXHffiITS A. Drawings 1. Vicinity / Zoning Map 2. Preliminary Plat (Dated March 7, 2007) 3. Landscape Plan (PREVIOUSLY APPROVED) 4. Final Plat (Dated March 7,2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department Devon Park North - PFP-07-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 26, 2007 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary SelVices Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department 10. Intermountain Gas Company C. Required Findings from Unified Development Code Devon Park North - PFP-07-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 A. Drawings 1. Vicinity / Zoning Map tft ..... ~ gI ~ ~~ R 1&.1 ." ; I 'J> i z "- E LYNN DR ~ = ~ ~ Y~l ~-==- I I : L--J11i II' : ~ ~ ~ =~ TIe---{~Y'~ ~'I~ {\ (5= t I -~-~ ( h ~ 7\ I _ . K --'21 IF UII-r. l DIl }.E '1111 I I I (:t · s~!t:ct llJJ I T r I I I \ T I II II III II ~~ .. I ~ .. 1 1 t~ '- J I ~ &-15 ~ ,-.N CAROL S" 11: Uk I e- I I I .... _~.l /7\.-- '- L - Y \---~ '-- ~ ~ ia~r;- In. B t; t- ~ V1 ~ C .~ ~ 0 u,... ~ ~ gl --;: LI.I Z ~ .~ \ ~ ~ ""-- 1,.1 - - R-8 '" R-15 ---'Ii C2 R-8 R-400J ZI R-8 - - - n All ]; f -15HT ITI T7 ^ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 ] ~ :~ _\ -:J.... ~ !~ I' r--~--'" . !~ .' I 5 I ~>>II I j ,l i It. ~~ .~~.~,*. . _'O~"IC~~n.1 ! i~ ~ ~.".. /; ,.. =i"'"...----..j.u~::m. , ! . ~mu_n_ ,f ;"'~.1.~' .. ---.._...~:c.:>~l": J1"'--,--,,,, ------.--...:.. .. I I k_ J; ~> -" ,,~./ i J j~ i · Ii ~f ~~ ,,/ ,f1" I : ~ S I I ~~~:< : : :~ I ~-4.~ J. i I ~ I ... 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PLANNING DEPARTMENT 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.6 1.2.7 1.2.8 1.2.9 1.2.10 Exhibit B SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat labeled as Sheet No.1, prepared by Anderson Survey Group, Inc., and dated March 7, 2007, STAMPED March 12, 2007, by Gordon N. Anderson, PLS, is approved with the conditions listed herein. The preliminary plat shall be modified so that the name of the subdivision is "Devon Park North." The preliminary plat shall be modified so that Lot 36, Block 1, Devon Park North becomes Lot 1, Block 1, Devon Park North. The preliminary plat shall be modified so that Lot 37, Block 1, Devon Park North becomes Lot 2, Block 1, Devon Park North The Applicant shall comply with the previously approved landscape plan labeled as Sheet Ll.O, prepared by Tamura & Associates, and dated March 28, 2006, with the following exception: the Applicant shall construct the remaining pathway to terminate at the northwest comer of the site. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit(s), Development Agreement, and any other approvals pertaining to this development. SITE SPECIFIC REQUIREMENTS-FINAL PLAT The final plat, labeled as Sheet Nos. 1-3 and prepared by Anderson Survey Group, Inc., dated March 7, 2007, and STAMPED March 7,2007, by Gordon N. Anderson, PLS, is approved with the conditions listed herein. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit(s), Development Agreement, and any other approvals pertaining to this development. This subdivision lies within the Nampa & Meridian Irrigation District; the District will own and maintain the pressurized irrigation system within the 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 domestic water system shall be required. If a single.point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. Prior to issuance of a building permit or signature of the Final Plat, the Applicant shall submit evidence that any right-of-way construction and public utility improvements have been approved by all required agencies and authorities. All development improvements including water, sewer, fencing, and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature ofthe final plat. Applicant will be responsible to construct all required sewer lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. Applicant will be responsible to construct all required water lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. Applicant shall be required to pay Public Works development plan review and construction CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 inspection fees, as determined during the plan review process, prior to signature on the fInal plat per Resolution 02-374. 1.2.11 Revise or add the following notes on the face of the plat, prepared by Anderson Survey Group, Inc., and STAMPED on 3/7/2007 by Gordon N. Anderson, prior to signature of the fInal plat by the City Engineer: 3.) Revise to read, "rights-of-way and drives, except as shown." 5.) Revise to read, "...compliance with the City of Meridian's applicable zoning code at the time of building permit submittaL" 9.) Revise to read, "approved conditional use permits, File No. CUP 05 023 File Nos. CUP- 04-037. CUP-04-049. & CUP-05-055." 1O.)Revise to read, "Maintenance of the 20-foot multi-pathway for Devon Park Subdivision No.2 shall also be the responsibility of the Devon Park Subdivision NO.4 Homeowner's Association. " *.) Add note, "Interior lot lines are designated as having a five-foot (5') wide permanent public utilities, property drainage, and irrigation easement adjacent to said lot lines." 1.2.12 Depict all additional required easements (utility and drives) on the face ofthe plat. 1.1.13 The fmal plat shall be modifIed so that Lot 36, Block 1, Devon Park North becomes Lot 1, Block 1, Devon Park Subdivision No.4. 1.2.14 The final plat shall be modified so that Lot 37, Block 1, Devon Park North becomes Lot 2, Block 1, Devon Park Subdivision No.4. 1.2.15 Staffs failure to cite specific ordinance provisions or terms of the approved Annexation and Preliminary Plat for Vallin Courts Subdivision does not relieve Applicant of responsibility for compliance. 1.3 GENERAL REQUIREMENTS-PRELIMINARY / FINAL PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Ridgebury Avenue pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of-way shall reserve a 10' utility easement. 1.3.3 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. 1.3.4 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-l1. 1.3.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A.15 and MCC 9-1-28. 1.3.6 Where permanent fencing is not constructed on-site, temporary fencing shall be installed around the subdivision boundary perimeter to contain construction debris prior to issuance of building permits, if necessary. All permanent fencing shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A.7. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of JUNE 26,2007 1.3.7 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 mitigated. 1.3.8 Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the applicant of responsibility for compliance. 13.9 All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 1.3.10 Final plat approval shall be subject to the expiration provisions set forth in UDC ll-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 No manholes or water valves shall be allowed in the landscape islands. 2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (ODC 11-3A~6). The Applicant should be required to use any existing surface water for the primary source. If a surface 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 signature on the final plat by the City Engineer. 2.3 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 fmal plat. 2.4 Floodplain: Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Contact Rick Jackson regarding the proposed turnaround to be located on Lot 2, Block 1. 3.3 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.4 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. For all Fire Lanes provide signage, "No Parking Fire Lane." 3.5 Commercial and office occupancies will require a frre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All structures, existing and proposed, shall maintain a separation of 5' from the building to the dumpster enclosure. 3.7 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 There shall be a fIre hydrant within 100' of all Fire Department connections. Additional hydrants shall be installed to meet this requirement, if necessary. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All paths and open areas shall have adequate lighting. 4.3 The loading areas shall be separated from all public parking areas. 5. PARKS DEPARTMENT 5.1 The depicted pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. The Applicant should construct the remaining pathway to terminate at the northwest corner of the site. The Applicant should contact the Meridian Parks and Recreation Department to coordinate the dedication of the remaining portion of multi-use pathway. 6. SANITARY SERVICES DEPARTMENT 6.1 The Applicant shall submit an approved site plan from SSe. 6.2 The trash enclosures shall be located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at sse (888-3999) to discuss this matter prior to the next public hearing. 6.3 The Applicant shall provide a minimum of 50 ft. turning radii on-site. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 On July 10, 2002, the Ada County Highway District commissioners approved the Devon Park development. The same conditions and restrictions apply to this application. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 Applicant shall apply for a land use change application prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Jackson Drain courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 8.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 8.5 The Developer must comply with Idaho Code 31-3805. 8.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 9. CENTRAL DISTRICT HEALTH DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26,2007 9.1 Central District Health Department has reviewed and approves the final plat for central water and central sewer facilities. 9.2 Run-off is not to create a mosquito breeding problem. 10. INTERMOUNTAIN GAS COMPANY 10.1 The Applicant shall dedicate a 10-foot wide public utilities easement to span the lot line common to Lots 1 & 2, Block 1, Devon Park North. 10.2 The Applicant shall dedicate a 10-foot minimum utility easement along all rights-of-way and drives. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Required Findings from Unified Development Code 1. Combined Preliminary and Final Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council fmds that the proposed application is compatible with the adopted Comprehensive Plan. The Council supports the proposed plat as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Utilities were installed to the subject properties at the time of development of the Devon Park Subdivision No.2. Therefore, the Council fmds that public services are currently available to accommodate the proposed development. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; All utilities are currently available to the subject property. Because any additional services will be installed by the developer at their own cost, if needed, the Council on finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health or safety issues associated with the development of this subdivision that should be brought to City Council's attention. ACHD considers road safety issues in their analysis. Staff and the Commission recommend Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff and the Commission recommend that Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are unaware. Exhibit C