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Coleman PP-14-016CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C%VERIDIAN -- IDAHO In the Matter of the Request for Preliminary Plat Consisting of 5 Commercial Building Lots on 26.16 Acres of Land in the C -G Zoning District, Located on the Northwest Corner of N. Ten Mile Road and of W. McMillan Road, by Walmart Real Estate Trust. Case No(s). PP -14-016 For the City Council Hearing Date of. December 16, 2014 (Findings on December 30, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 16, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 16, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 16, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 16, 2014, 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 (LC. §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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-016 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. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 16, 2014, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 16, 2014, attached as Exhibit A. 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 obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). 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 two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years 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 (UDC 11- 6E -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-016 -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 December 16, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-016 -3- By action of the City Council at its regular meeting held on the day of J,L� 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED_P-- COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL, MEMBER DAVID ZAREMBA VOTED—Ajk - COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED i MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy eerd ,ro nuevs� Attest: tom' <ru, -_� ,0',�o� Jaycee Holu2n51 1 City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: �I CityclMos office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-016 4- EXHIBIT A STAFF REPORT CVEFIDIAN*��--, Hearing Date: December 16, 2014 IDAHQ TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Coleman - PP -14-016 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for a preliminary plat consisting of five (5) commercial lots on approximately 26.16 acres of land in the C -G zoning district See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed preliminary plat (PP) application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on November 20, 2014. At the public hearing, the Commission voted to recommend approval of the subject PP request a. Summary of Commission Public Hearing: i. In favor: Kent Brown ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. None C. Key Commission Chanee(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on December 16.2014. At the public hearing, the Council approved the subject PP regue t a Summary of CityCouncil Public Hearin is In_fayor: Kent Brown ii In opposition: None Him Commenting: Nune iy. Written testimony None y, Staff presenting anplication: Bill Parsons YL Other staff commentin on annljcation• None 1L Key Issues of Discussion by Council: i. Restricting drive-through uses on the property. Coleman PP -14-016 PAGE 1 EXHIBIT A L Design criteria for the rear elevations of the buildings facing public etre tc pKey Council Changes to Staff/Co mmiccion Recommendatip s Nnne M. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -14- 016, as presented in the staff report for the hearing date of December 16, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -14-016, as presented in the staff report for the hearing date of December 16, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number PP -14-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northwest corner of N. Ten Mile Road and W. McMillan Road in SE 1/4 of Section 27, Township 4 North, Range 1 West. (Parcel #SO427449821) B. Owner: Walmart Real Estate Trust 2001 SE 10°i Street Bentonville, Arkansas 72712 C. Applicant/Representative: Kent Brown, KB Planning 3161 E. Springwood Drive Meridian, Idaho 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 29, and October 13, 2014(Commission); November 24, and December 8, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: September 25, 2014 (Commission); November 21, 2014 (Council) D. Applicant posted notice on site(s) on: October 6, 2014; Reposted on November 2, 2014 (Commission); December 5, 2014 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: A Wal-Mart store is currently under construction. The property Coleman PP -14-016 PAGE 2 EXHIBIT A is zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant commercial property, zoned C -G and C -C 2. East: Developed/vacant commercial development, zoned L -O and C -G 3. South: Vacant commercial property and Bridgetower Heights Subdivision, zoned C -G and R-8 4. West: Vacant residential and commercial properties, zoned R-15 and C -C C. History of Previous Actions: • In 2005, the subject property received annexation (AZ -05-040), preliminary plat (PP -05-039), and conditional use permit approval (CUP -05-041) for a mixed use development consisting commercial, office and single family residential. As part of the annexation approval, the site was subject to a DA (instrument #106034786). • In 2008, this property received comprehensive plan map amendment, rezone and development agreement modification approval (CPA -08-003, RZ-08-004 and MDA -08-002) with the vision to develop a large scale business park in which this property was to be a part. The project is known as Volterra Mixed Use. A new development agreement (instrument #110051282) was required with the approval and excluded the subject property from the requirements of the original DA noted above. In 2013, the property received certificate of zoning compliance and administrative design review approval (CZC-13-047 and DES -13-046) to construct a 158,848 square foot retail store on the property. This building and associated site work is currently being constructed on Lot 3, Block 1 of the proposed plat. D. Utilities: 1. Public Works: a. Location of sewer: Permanent sewer service for Lots 1,2, 4, and 5 shall be from mainline extensions from the existing sewer main in N. Ten Mile Road, and a temporary service via a private pumping station is allowed for Lot 3 until permanent service to a future main can be provided to the west. b. Reclaimed water: The City of Meridian owns and operates a reclaimed water system along the Ten Mile frontage of this parcel. c. Location of water: Water service shall be from existing mains in N. Ten Mile Road and W. McMillan Road. d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VH. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is currently designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan, commercial designated areas provide a full range of Coleman PP -14-016 PAGE 3 ONKIRM commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The subject property is currently being developed with a Wal-Mart store. As mentioned above, this property is part of larger mixed employment area in which the retail was contemplated to serve the future business park and area residents. Therefore, Staff is of the opinion the properly will develop in a fashion consistent with the approved concept plan and the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 1. "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)." (3.06.02F) A 25 foot wide street buffer is required adjacent to W. McMillan Road and N. Ten Mile Road and a 20 foot wide landscape buffer is required adjacent to Road `A" in accord with the standards listed in UDC 11 -3B -7C. These buffers were reviewed and approved with the Wal- Mart store CZC. 2. "Require all commercial businesses to install and maintain landscaping." (2.01.03B) See the analysis above for the required landscape buffer requirements. Once the landscaping has been installed it must be maintained by the property owner or a business owner's association in accord with UDC 11-3B-7C.2b. 3. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0IF) The proposed development is contiguous to the city and city services are being extended with the development in accord with UDC 11-3A-21. The applicant is responsible to establish all necessary utility easements to serve the proposed development. 4. "Plan for a variety of commercial and retail opportunities within the Impact Area." (3.05.01J) Stafffinds the proposed development should provide a variety of neighborhood commercial uses (retail, restaurant, office and medical etc.) to complement the surrounding residential development. 5. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) With the approval of the Wal-Mart Store, the applicant was required to submit a traffic study for review and approval by ACHD. Based on the findings of the traffic study, the applicant was required to improve the intersection of Ten Mile Road and Chinden Boulevard and construct the collector road along the western boundary of the development to mitigate the additional traffic impacts. The collector is the first segment of the collector network that will also serve the future medium-high density residential development to the west and the future business park to the north in accord with the approved concept plan for the area. 6. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.0313) The approved concelitplan depicts interconnectivity between the proposed subdivision, the future business park and residential development. With the development of the Wal-Mart Coleman PP -14-016 PAGE 4 EXHIBIT A store, internal sidewalks are proposed to stub to the north boundary which is generally consistent with the approved concept plan. 7. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads." (3.03.02N). The submitted plat depicts two access points Ten Mile Road and a single access to W McMillan Road. These access points were vested with the approval of the concept plan and later approved by ACHD with the development of the Wal-Mart Store. The northern access to N. Ten Mile Road was approved as a full access point and the other two accesses are right- in/right-out only accesses. The collector road serves as a backage roadfor the proposed development and facilitates future access to the adjacent residential and commercial development. Other than the approved access points to Ten Mile and McMillan Road,- no other direct lot access is proposed or approved with the subject application. For the above stated reasons and analysis, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIIL UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C -G): The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -G zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -G zoning district. D. Landscaping: • Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablet 1-213-3 and UDC 11-313-7C for the C -G zoning district. The street buffer landscaping was approved with the Wal-Mart store certificate ofzoning compliance application. • Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-313-8C. The parking lot landscaping for the Wal-Mart store was approved with the certificate ofzoning compliance application. The future parking lots for Lots 1, 2, 4 and 5 must also comply with these standards. E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the commercial lots. F. Future development of Lots 1, 2, 4 and 5 must comply with the design standards set forth in UDC 11-3A-19. Coleman PP -14-016 PAGE 5 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat (PP): The proposed preliminary plat consists of five (5) commercial lots on approximately 26.16 acres of land in the C -G zone. The property is being subdivided to convert the pad sites into sellable commercial lots. The commercial lots range in size between 0.84 acres up to 21.37 acres respectively. The UDC does not have a minimum lot size standard for the commercial development. Dimensional Standards: The dimensional standards set forth in UDC Table 11-213-3 apply to the development of this site as follows: • A 25 -foot wide street buffer landscape easement is required along N. Ten Mile Road and W. McMillan Road, classified as an arterial street, per UDC Table 11-2B-3. • A 20 -foot wide street buffer landscape easement is required along Road "A", classified as a collector street, per UDC Table 11-2B-3. Access: The access to the development was approved with the development of the Wal -Malt store as follows: 1) Two (2) accesses to N. Ten Mile Road; the northern access is full access and the southern access is right-inhight-out only; 2) One (1) access to W. McMillan Road; this access is right-in/right-out only; and 3) Two (2) full accesses to collector road "A". This off-site roadway has been deeded to ACRD by the adjacent property owner to the west and is currently being constructed in conjunction with the Wal-Mart store. The applicant is not proposing any additional access points with the subject application. Since commercial lots are proposed for the development and not all of the lots have frontage on a public street, the applicant must provide cross access in accord with the standards set forth in UDC 1I - 3A -3. With the submittal of the final plat, cross -access shall be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement. Landscaping: The required landscape buffers noted above were reviewed and approved with the Wal-Mart store certificate of zoning compliance application (file #CZC-13-047). The landscaping must be maintained by the property owner or a business owner's association in accord with UDC 11-313-7C.2b. Ditches, Laterals, and Canals: 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. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize the City's reclaimed water system as the primary irrigation source and any existing surface or well water for the secondary source. The 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. Certificate of Zoning Compliance (CZC) and Design Review (DES): The applicant has not submitted conceptual building elevations with this application. However, the existing development agreement for the site contains a collage of elevations that represent the design theme for the proposed commercial development. A CZC and DES application is required to be submitted prior to issuance of building permits for any of the commercial lots. Future structures Coleman PP -14-016 PAGE 6 EXHIBIT A on the site must comply with submitted design collage on file with the Planning Division and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan and the requirements of the UDC and recommends approval of the proposed development applications. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 09/16/14) 3. Proposed Landscape Plan (dated: 01/15/14) B. Conditions of Approval C. Required Findings from Unified Development Code Coleman PP-14-OI6 PAGE 7 Pomeb - Maddlan I , i i a j I, A r� � J i nI EXHIBIT A 2. Proposed Preliminary Plat (dated: 09/16/14) V-1 IryJ - �D W Z� M11EIRIN111,116 �'` sal ill , . � "� IL LM3 0� " --- -- -1 LCT, MR. DEL- Par- W M— acapr -MOM Coleman PP -14-016 PAGE 8 M EXHIBIT A 3. Proposed Landscape Plan (dated: 01/15/14) Coleman PP -14-016 PAGE 9 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Preliminary Plat - Site Specific Conditions of Approval 1.1.1 The applicant shall comply with all applicable conditions of approval associated with this site (Development Agreement Instrument No. 110051282, RZ-08-004 and CZC-13-047). 1.1.2 The preliminary plat, dated 09/16/14, shall be revised as follows: a. Other than the access points approved with this application, the applicant shall place a note on the face of the final plat prohibiting direct lot access to N. Ten Mile Road and W. McMillan Road. b. A reciprocal cross -access agreement shall be recorded for all commercial lots within the subdivision in accord with UDC 11-3A-3. All lots within the subdivision shall have the right to use all to the access points approved with this application (Ten Mile Road, W. McMillan Road and collector road "A"). This agreement shall be recorded and a copy of the agreement must be submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting the cross -access. c. Comply with all bulk, use, and development standards of the C -G zoning district listed in UDC Table 11-213-3. d. Include the DA instrument #110051282 as a note on the final plat. e. The applicant shall provide an easement for the public bus stop along N. Ten Mile Road approved with CZC-13-047. The applicant shall coordinate the dedication of the easement with Valley Ride and provide a copy of the recorded easement with the final plat application. 1.1.3 The applicant shall comply with the landscape plan approved CZC-I3-047 as attached in Exhibit A.3. 1.1.4 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless left open as a water amenity or linear open space in accord with UDC 11 -3A -6A.2. 1.1.5 The applicant shall obtain the Planning Division's approval of a certificate of zoning compliance and design review application prior to applying for a building permit for Lots 1, 2, 4 and 5. 1.1.6 Comply with all ACRD conditions of approval. 1.2 General Conditions of Approval 1.2.1 Comply with all provisions of UDC 11-3A-3 with regard to access to streets and maintaining the clear vision triangle. 1.2.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51 1.2.4 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.2.5 All landscaping shall be maintained by the property owner or a business owner's association as set forth in UDC 11-313-7C.2b. Coleman PP -14-016 PAGE 10 EXHIBIT A 1.2.6 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.7 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.2.9 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.2.10 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. 1.2.11 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.2.12 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.2.13 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.2.14 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-613-7. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC Conditions of Approval 2.1.1 The City of Meridian owns and operates a reclaimed water system along the Ten Mile Road frontage of this parcel. Applicant shall coordinate with the Public Works Department on the connection to this system for the provision of landscape irrigation water. 2.2 SITE SPECIFIC Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 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 Coleman PP -14-016 PAGE 11 EXHIBIT A 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-83). The applicant shall 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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 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 UDC 11-3A-6. Plans shall 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, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to fnal plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic proposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and 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. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-314. 2.2.17 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. Coleman PP -14-016 PAGE 12 EXHIBIT A 2.2.18 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. 2.2.19 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 ACRD. 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. 2.2.20 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. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. 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. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no concerns related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING) Coleman PP -14-016 PAGE 13 EXHIBIT A C. Required Findings from Unified Development Code 1. Preliminary 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 finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for store information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council 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; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B 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, safety, or environmental problems associated with the platting of this property. ACHD and ITD consider road safety issues in their analysis. The Council considered all public testimony that was presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. E 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. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Coleman PP -14-016 PAGE 14