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Kentucky Villas PP-15-009CITY OF MERIDIAN jj 1T FINDINGS OF FACT, CONCLUSIONS OF LAW 1j Jjj AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of Eight (8) Building Lots and Two (2) Common Lots on 3.87 Acres of Land in the R-4 Zoning District for Kentucky Villas Subdivision, by C4 Investments, LLC. Case No(s). PP -15-009 For the City Council Hearing Date of: July 28, 2015 (Findings on August 11, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 28, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 28, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 28, 2015, 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 I I 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 § 1 I -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. 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 Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -15-009 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 28, 2015, 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 approved per the conditions of approval in the Staff Report for the hearing date of July 28, 2015, 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 11-613-713). 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 1 I- 613 -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. 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 July 28, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -15-009 - 2 _ By action of the City Council at its regular meeting held on the 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER // day of VOTED VOTED - VOTED VOTED VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tam y erd s� Attest:Go oa,TLDn��Ls J 3 q/,city W City f SEAL is ,Ie iPEASE�E Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: S/ iDJl's- City C er c Of Me CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -15-009 - 3 - EXHIBIT A Kentucky Villas PP-15-009 PAGE 1 STAFF REPORT Hearing Date: July 28, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: PP-15-009; PS-15-009 – Kentucky Villas Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, C4 Investments, LLC, has submitted an application for a preliminary plat (PP) consisting of 8 building lots and 2 common/other lots on 3.87 acres of land in the R-4 zoning district for Kentucky Villas Subdivision. Approval of a private street (PS) for access to the proposed lots within the development is also requested. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed 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 & Zoning Commission heard these items on July 2, 2015. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Marcel Lopez; Chris Sabala ii. In opposition: None iii. Commenting: Colleen Cole; Rick Fisch iv. Written testimony: Jim Conger; Rick and Charlaine Fisch v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Privacy fencing along the private street adjacent to the Fisch property; and ii. The requirement for a pedestrian pathway stub to the east across Lot 10, Block 1. c. Key Commission Change(s) to Staff Recommendation: i. Require a 6-foot tall solid vinyl fence to be constructed by the developer adjacent to the Fisch property along the southern boundary of the site (see condition #1.1.2e); and ii. Delete and modify conditions #1.1.1c and 1.1.2c to remove the requirement for a pedestrian pathway to be provided along the south side of Lot 10, Block 1 to the property to the east. d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on July 28, 2015. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: Colleen Cole; Rick Fisch; Justin Lucas iv. Written testimony: None EXHIBIT A Kentucky Villas PP-15-009 PAGE 2 v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The requirement of a fence along the southern boundary of the site adjacent to the Fisch property. ii. The requirement for a stop sign to be installed at the intersection of the private street and S. Kentucky Way. c. Key Council Changes to Staff/Commission Recommendation i. Modify condition #2.1.1 to require an 8-inch diameter water main to be extended to the east boundary of the development for future looping. ii. Modify condition #1.1.2e to require a 6-foot tall solid vinyl fence to be constructed by the developer adjacent to the Fisch property along the southern boundary of the site on the property line that is adjacent to the private street. This fence shall be maintained by the Kentucky Villas HOA. The existing fence shall be removed by the homeowner (Mr. Fisch). iii. Add a condition for the applicant to install a stop sign at the intersection of the private street and S. Kentucky Way (see condition #1.1.10). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-15- 009, as presented in the staff report for the hearing date of July 28, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-15-009, as presented during the hearing on July 28, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number PP-15-009 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 at 835 W. Victory Road, in the NE ¼ of Section 25, Township 3 North, Range 1 West. (Parcel No.’s: R4882810020; R4882810018) B. Owners: C4 Investments, LLC 4824 W. Fairview Ave. Boise, Idaho 83706 Alexandria McNish 835 W. Victory Road Meridian, ID 83642 C. Applicant: C4 Investments, LLC 4824 W. Fairview Ave. Boise, Idaho 83706 EXHIBIT A Kentucky Villas PP-15-009 PAGE 3 D. Representative: Jim Conger, Conger Management Group 4824 W. Fairview Ave. Boise, Idaho 83706 E. 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 & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 15 and 29, 2015 (Commission); July 13 and 20, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: June 11, 2015 (Commission); July 9, 2015 (City Council) D. Applicant posted notice on site(s) on: June 22, 2015 (Commission); July 17, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: A residential home, barn and outbuildings exist on this site; the home is proposed to remain but the barn and other outbuilding is proposed to be demolished. The property is zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential properties, zoned R1 in Ada County 2. East: Rural residential/agricultural property, zoned R-8 3. South: Single-family residential properties in Kentucky Ridge Estates Subdivision, zoned R- 4 4. West: Single-family residential properties in the development process in Kentucky Ridge Estates Subdivision (aka Revolution Ridge Subdivision), zoned R-4 C. History of Previous Actions: This property was annexed with the Victory South application (AZ- 13-014, Ordinance No. 14-1594). D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist to the north in W. Victory Road. 2. Location of water: A water main intended to provide service to the proposed development currently exist in W. Victory Road. 3. Issues or concerns: Applicant shall be required to construct sanitary sewer and water mains to and through the development. Public Works Department water modeling indicates that required fire flow cannot be provided by the single dead end main into the development from W. Victory Road, and therefore applicant shall be required to extend the dead end main to the intersection of S. Derby Lane and S. Kentucky Way, and then connect up to the existing water main at S. Kentucky Way and W. Riodosa Drive. With the connection of this loop of the water system, fire flows will be accommodated as well as desired redundancy. EXHIBIT A Kentucky Villas PP-15-009 PAGE 4 E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that runs through this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. The applicant proposes to construct 7 new single-family homes on this site in addition to the existing home which will result in a gross density of 2.07 dwelling units per acre (d.u./acre) and a net density of 3.31 d.u./acre. The current R-4 zoning of the site accommodates the proposed development and is consistent with the density of 3 d.u. or less anticipated in LDR designated areas. Policies: 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):  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) A 25-foot wide street buffer is required along E. Victory Road, an arterial street, and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for any new fencing.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential development should be compatible with adjacent existing and future residential uses.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the applicant upon development of the site in accord with UDC 11-3A-21.  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed low density residential development should contribute to the variety of housing opportunities that exist in this area which currently consist of low- and medium-density residential developments.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) No pedestrian pathways are depicted on the proposed landscape plan for future extension and interconnectivity between developments. Staff recommends a pathway connection is provided to the property to the east and to the north to the sidewalk along W. Victory Road. EXHIBIT A Kentucky Villas PP-15-009 PAGE 5  “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) There are no connections to the east depicted on the proposed plat, nor were any provided with Kentucky Ridge Subdivision to the south of this site. When the property to the east develops there will not be any pedestrian or vehicular connectivity to this development or to S. Kentucky Way, a collector street. Staff has discussed this issue with ACHD and stated the potential for future connectivity could be obtained by a possible 4th leg for a local street off the roundabout, which can then connect to the existing stub streets to the south and east. Therefore, staff is not recommending a stub street is provided to the east.  “Support infill of vacant lots in substantially developed single-family areas at densities similar to surrounding development. Increased densities on vacant lots may be considered if structures are compatible with surrounding development.” (3.07.02I) The proposed density for the subject property is compatible with surrounding densities.  “Require common area in all subdivisions.” (3.07.02F) Because the proposed development is below 5 acres in size, common area is not required per UDC 11-3G-2. Analysis: Staff is supportive of the proposed development as it is consistent with the LDR designation and policies in the Comprehensive Plan as noted above and should be compatible with adjacent residential uses. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. 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. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat The proposed plat consists of 8 building lots (including a lot for the existing home), 1 common area lot and 1 other lot for a private street. The plat is proposed to develop in one phase. EXHIBIT A Kentucky Villas PP-15-009 PAGE 6 The gross density for the subdivision is 2.07 d.u./acre and the net density is 3.31 d.u./acre. The average lot size within the development is 13,065 square feet (s.f.) with homes starting at 1,400 s.f. in size. Existing Structures: There is an existing home and outbuildings on this site. The home is proposed to remain on a lot within the subdivision and the outbuildings are proposed to be removed. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with these standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it in compliance with this standard. Traffic Impact Study (TIS): ACHD did not require a TIS for this development. A report has not yet been received from ACHD on this project. Access: Access to this site is currently provided via W. Victory Road, an arterial street. Access for the development is proposed from S. Kentucky Way, a residential collector street, via W. Victory Road. A private street is proposed for access off of S. Kentucky Way to the proposed lots. The existing access to Victory Road should be abandoned with the development of this subdivision. Master Street Map (MSM): The MSM depicts a future 3-legged round-a-bout at the northeast corner of this site. Right-of-way will be required to be dedicated with the final plat; the impact to this site is minimal as there is no “leg” planned to the south of W. Victory Road. Stub Streets: There are no stub streets to this site, nor are any proposed to adjacent properties. Because the access road to the proposed lots is private, staff does not recommend a stub street is required to the east. However, staff does recommend an access easement is granted to the Fisch property to the south (Parcel #R4882810030) via the private street for access in the event the property redevelops in the future so that access doesn’t need to be taken via the collector street (S. Kentucky Way). Parking: Off-street parking is required for each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer (measured from the back of curb) is required along W. Victory Road, a residential arterial street, per UDC Table 11-2A-5 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. A 35+ foot wide buffer is proposed. A 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscaping (lawn or other vegetative groundcover) is required along W. Victory Road in accord with UDC 11-3B-7C.5. Dirt is not allowed; the landscape plan should be revised accordingly. Landscaping should be provided within internal common areas as set forth in UDC 11-3G-3 as shown on the landscape plan. EXHIBIT A Kentucky Villas PP-15-009 PAGE 7 Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space: Qualified open space is not required to be provided for developments below 5 acres in size per UDC 11-3G-2. Because the site consists of 3.87 acres, it is exempt. Site Amenities: Site amenities are not required to be provided for development below 5 acres in size per UDC 11-3G-2. Because the site consists of 3.87 acres, it is exempt. Pathways: The Pathways Master Plan does not depict a regional pathway on this site. Pathways are not proposed within this development or to adjacent properties. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required along W. Victory Road as depicted on the landscape plan. A detached sidewalk was required to be constructed along the frontage of this site on S. Kentucky Way from W. Victory Road to where the existing sidewalk ends north of the Riodosa Drive/S. Kentucky Way intersection, per requirement of the Kentucky Ridge development to the west. ACHD is not requiring curb and gutter to be installed along S. Kentucky Way. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. A street light plan is required to be included in the final plat application. Street light plan requirements are listed in Section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include Type 2 lighting along Kentucky Way, as well as T ype 1 lights at the intersection of Victory Road and Kentucky Way and Victory Road and Stoddard Road. Due to overhead utility conflicts, the light at the intersection of Victory and Stoddard will need to be mounted on the Idaho Power pole on the northwest corner of the intersection. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection is required in accord with the appropriate fire dist rict standards per UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The applicant requests a waiver to MCC 9-1- 28: Pressurized Irrigation System and states although the property has water rights via the Sundall Lateral, delivery is not possible due to location and access. Per MCC, this requirement may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. The applicant has not yet submitted proof to the City Engineer with a request for a waiver. Unless the City Engineer grants a waiver, an underground PI system shall be provided. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Waterways: There is an irrigation ditch that crosses this site. All ditches are required to be piped in accord with UDC 11-3A-6 unless left open and used as a water amenity (as defined in UDC 11-1A-1) or linear open space. Floodplain: This site does not lie within the floodplain. EXHIBIT A Kentucky Villas PP-15-009 PAGE 8 Building Elevations: The applicant has submitted two pictures of typical sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal, vertical and shake siding with stone accents. Because homes on lots that back up to W. Victory Road and S. Kentucky Way will be highly visible, staff recommends the rear or sides of structures on lots that face these streets incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: All fencing should comply with the standards listed in UDC 11-3A-7. Six-foot tall solid fencing is proposed along the north boundary of the site at the back edge of the buffer along W. Victory Road. An existing fence is depicted on the landscape plan along the east boundary of the site and split rail fencing is depicted along the south and west boundaries of the site, which is proposed to remain. 2. Private Streets: The applicant is proposing a private street for access within the development via S. Kentucky Way. Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all properties served by such private street. The private street is proposed to be constructed within a common lot that provides access to all lots within the development. 2. Connection point: The private street shall connect to a local or collector street. Where the point of connection of the private street is to a public street, the private street connection shall be approved by the transportation authority. ACHD has approved the private street connection to S. Kentucky Way, a collector street; a curb cut already exists in this location. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. The Fire Department approves of the design of the proposed private street with the comments and conditions listed in Exhibit B.4. 4. Gates: Gates or other obstacles are allowed subject to the standards listed in UDC 11- 3F-4A.4 as follows: a. The proposed development shall be for residential uses. Residential use is proposed. b. The proposed development shall have no more than fifty (50) dwelling units. The proposed development consists of 8 building lots. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. The applicant should comply with this requirement by providing an internal pedestrian connection to the sidewalk along W. Victory Road and a pedestrian pathway stub within a common lot to the property to the east for future connection and interconnectivity. EXHIBIT A Kentucky Villas PP-15-009 PAGE 9 d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. There are no multi-use pathways planned through this site. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. The applicant should comply with this requirement and depict the location of the gate on the landscape plan. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet (50') back from the ultimate edge of right of way to the connecting public street. The applicant should comply with this requirement. 5. Cul-De-Sacs: No private street that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450'). The proposed private street is approximately 400 feet in length. 6. Common Driveways: No common driveways shall be allowed off of a private street. No common driveways are proposed. 7. Street Network: The overall street network within the surrounding area shall allow for properties to connect at regular intervals in order to promote connected neighborhoods and traffic flow within the mile section. There are no connections to the east depicted on the proposed plat, nor were any provided with Kentucky Ridge Subdivision to the south of this site. When the property to the east develops there will not be any pedestrian or vehicular connectivity to this development or to S. Kentucky Way, a collector street. Staff has discussed this issue with ACHD and stated the potential for future connectivity could be obtained by a possible 4th leg for a local street off the roundabout, which can then connect to the existing stub streets to the south and east. Therefore, staff is not recommending a stub street is provided to the east. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: This is not an existing facility. a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. The applicant should comply with this requirement. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. The private street section depicted on the plat shows a 24-foot wide travel lane in accord with Fire Department requirements. c. Sidewalks: A five-foot (5’) attached sidewalk or four-foot (4’) detached sidewalk shall be provided on one side of the street in commercial districts. This EXHIBIT A Kentucky Villas PP-15-009 PAGE 10 requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Staff recommends approval of the proposed preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 4/30/15) 3. Proposed Landscape Plan (dated: 5/8/15) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map EXHIBIT A Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 4/30/15) EXHIBIT A Exhibit A Page 3 3. Proposed Landscape Plan (dated: 5/8/15) EXHIBIT A - 2 - 4. Conceptual Building Elevations EXHIBIT A - 3 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 4/30/15, shall be revised as follows: a. A complete street frontage dimension shall be included on Lots 3 and 10, Block 1. b. Depict an access easement to the Fisch property to the south (Parcel #R4882810030) via the private street; or, record a separate access easement and submit a copy to the City. c. A minimum 15-foot wide common area lot with a minimum 5-foot wide pedestrian pathway is required to be provided to the property to the east for future connection and interconnectivity in accord with UDC 11-3F-4. d. A note shall be placed on the face of the final plat prohibiting direct lot access to Victory Road. 1.1.2 The landscape plan included in Exhibit A.4, dated 5/8/15, shall be revised as follows: a. Provide a minimum 5-foot wide pathway connection to the east within a 15-foot wide common lot landscaped in accord with the standards listed in UDC 11-3B-12C; and/or, to the north to the sidewalk along W. Victory Road. b. A 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority is required along W. Victory Road in accord with UDC 11-3B-7C.5; dirt is not allowed. c. An internal pedestrian connection at the end of the “T” turn-around to the sidewalk along W. Victory Road and a pedestrian pathway stub within a common lot to the property to the east is required for future connection and interconnectivity in accord with UDC 11-3F-4. d. Depict the location of the gated entry to the subdivision. The gate shall be located a minimum of 50 feet back from the ultimate edge of right-of-way to the connecting public street. e. Depict a 6-foot tall solid vinyl fence adjacent to the Fisch property along the southern boundary of the site on the property line that is adjacent to the private street. This fence shall be maintained by the Kentucky Villas HOA. The existing fence shall be removed by the homeowner (Mr. Fisch). 1.1.3 All existing structures on the site except for the home that is proposed to remain on Lot 8 shall be removed prior to signature on the final plat by the City Engineer. 1.1.4 A street light plan is required to be included in the final plat application. Street light plan requirements are listed in Section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include Type 2 lighting along Kentucky Way, as well as Type 1 lights at the intersection of Victory Road and Kentucky Way and Victory Road and Stoddard Road. Due to overhead utility conflicts, the light at the intersection of Victory and Stoddard will need to be mounted on the Idaho Power pole on the northwest corner of the intersection. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.6 The rear or sides of future structures on lots that face W. Victory Road and S. Kentucky Way on Lots 2-6, Block 1 shall incorporate articulation through changes in materials, color, modulation, EXHIBIT A - 4 - and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.7 Future homes constructed within this development shall be generally consistent with the conceptual building elevations and materials shown in Exhibit A.4. 1.1.8 An access easement is required to be granted to the Fisch property to the south (Parcel #R4882810030) via the private street for access in the event the property redevelops in the future so that access doesn’t need to be taken via the collector street (S. Kentucky Way). A recorded copy of said easement shall be submitted with the final plat application. 1.1.9 The applicant shall provide access to the gate at the entry to the subdivision for emergency vehicles as determined and approved by the Meridian Fire Department and Public Works Department. 1.1.10 The applicant shall install a stop sign at the intersection of the private street and S. Kentucky Way. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. EXHIBIT A - 5 - 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 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. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 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. 1.4.2 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. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 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 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to construct sanitary sewer and water mains to and through the development. Public Works Department water modeling indicates that required fire flow cannot be provided by the single dead end main into the development from W. Victory Road, and therefore aApplicant shall be required to extend an 8-inch diameter water main to the east boundary of the development for future looping. the dead end main to the intersection of S. Derby Lane and S. Kentucky Way, and then connect up to the existing water main at S. Kentucky Way EXHIBIT A - 6 - and W. Riodosa Drive. With the connection of this loop of the water system, fire flows will be accommodated as well as desired redundancy. 2.1.2 A street light plan needs to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. Specifically, the plan will need to include Type 2 lighting along Kentucky Way, as well as Type 1 lights at the intersection of Victory Road and Kentucky Way and Victory Road and Stoddard Road. Due to overhead utility conflicts, the light at the intersection of Victory and Stoddard will need to be mounted on the Idaho Power Pole on the northwest corner of the intersection. 2.1.3 The applicant has requested a waiver to MCC 9-1-28 Pressurized Irrigation System; and states that although the property has water rights via the Sundall Lateral, delivery is not possible due to location and access. Per MCC 9-1-28, the requirement may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. The applicant shall be required to submit such proof to the City Engineer with a request for a waiver. Unless the City Engineer grants a waiver, an underground PI system shall be provided. 2.2 General 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 (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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 review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to 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, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC EXHIBIT A - 7 - 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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 purposes 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 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all bui lding pads receiving engineered backfill, where footing would sit atop fill material. 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 ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 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 EXHIBIT A - 8 - 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic and Advanced Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given locat ion and sufficient operational funds to staff the facilities. 4.2 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. EXHIBIT A - 9 - 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.4 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.10 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.11 All electric gates are required to be 20’ in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. 4.12 This project will be required to provide a 20’ wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered thru the Meridian Fire Department. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Standard 1141, Section 5.3.17. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4-inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11-3B-10C. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. Site Specific Conditions of Approval EXHIBIT A - 10 - 7.1.1 Dedicate approximately 3,200 square feet (rectangular area), starting from the northeast corner 60-feet along the east property line and 95-feet along the north property line. 7.1.2 Construct 5-foot wide sidewalk approximately 36-feet from centerline along Victory Road; including closing the existing driveway with 5-foot wide sidewalk. 7.1.3 Provide a permanent right-of-way easement for the sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2- feet behind the back edge of the sidewalk. 7.1.4 Construct a private road onto Kentucky Way using the existing driveway approach located approximately 590-feet south of Victory Road and 300-feet north of Riodosa Drive. 7.1.5 Pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of all public streets and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. If the City of Meridian requires the private road to be gated, the gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. 7.1.6 Enter into a Cooperative Development Agreement with ACHD for the Victory Road pipe crossing replacement. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. EXHIBIT A - 11 - 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 12 - D. 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 City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation and will be consistent with the density of the MDR FLUM designation if Council approves a step up in density for this site. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City 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 City 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 City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, 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 City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. 2. Private Street Findings: a. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street name. The design of the street meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Director does not anticipate any hazard, nuisance or other detriment from the private street if it is constructed and maintained as designed. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. EXHIBIT A - 13 - The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan.