Sundial Circle PP-15-018CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
EIDIAN��-�
�J
In the Matter of the Request for Preliminary Plat Consisting of 11 Single Family Residential
Building Lots and 1 Common Lots on 2.54 Acres of Land in a R-4 Zoning District, Located at 2250
W. Whitelaw Drive, by Conger Management Group.
Case No(s), PP -15-018
For the City Council Hearing Date of. December 1, 2015 (Findings on December 15, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 1,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 1, 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 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 -15-018
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6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 1, 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 conditionally approved per the conditions
of approval in the attached Staff Report for the hearing date of December 1, 2015, attached as
Exhibit A.
D. Notice 2015 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 1I-
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -15-018
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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 1, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -15-018
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By action of the City Council at its regular meeting held on the day of &� A ,
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED to o�
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREM 3A VOTED
COUNCIL MEMBER JOE BORTON VOTED��'
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED__ _ j A..,e
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta de Weerd
Lct6
�ZATED
Attest: C,ry O' TI�1��N-
IDAHO k
Ja cee Ho n `r. SEAL w
�Y
City Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated: �� ll l0 / I's—
City
,sCity e s O
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -15-018
-4-
Sundial Circle PP-15-018 PAGE 1
STAFF REPORT Hearing Date: November 5, 2015
TO: Planning & Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: PP-15-018 – Sundial Circle Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Conger Management Group, has submitted an application for a preliminary plat (PP)
consisting of eleven (11) building lots and one (1) common lot on 2.54 acres of land in the R-4 zoning
district for Sundial Circle Subdivision The Meridian Planning & Zoning Commission heard these
items on November 5, 2015. At the public hearing, the Commission moved to recommend approval
of the subject PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Penelope Riley
ii. In opposition: Mike Huebschmann
iii. Commenting: John Llewellyn
iv. Written testimony: Mike Hueschmann, Penelope Riley (Applicant)
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application:Bill Parsons
b. Key Issue(s) of Discussion by Commission:
i. The pathway connection to the existing Sundial Subdivision
ii. The number of proposed lots in the subdivision
iii. The proposed lot sizes
c. Key Commission Change(s) to Staff Recommendation: None
d. Outstanding Issue(s) for City Council: None
The Meridian City Council heard these items on [date]. At the public hearing, the Council
approved the subject [app] and [app] request.
a. Summary of City Council Public Hearing:
i. In favor: Penelope Riley, John Ellington
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff/Commission Recommendation
i. None
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.
Sundial Circle PP-15-018 PAGE 2
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number PP-15-018, as presented in the staff report for the hearing date of November
5, 2015, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number PP-15-018, as presented during the hearing on November 5, 2015, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number PP-15-018 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 2250 W. Whitelaw Drive, in the NE ¼ of Section 2, Township 3 North,
Range 1 West. (Parcel No.: R8222230020)
B. Owner:
Jeffrey Hebert
5091 Lakemont Lane
Garden City, Idaho 83714
C. Applicant:
Conger Management Group
4824 W. Fairview Ave.
Boise, Idaho 83706
D. Representative:
Riley Planning Services, LLC
PO Box 405
Boise, Idaho 83701
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: September 29 and October 12, 2015
C. Radius notices mailed to properties within 300 feet on: September 17, 2015
D. Applicant posted notice on site(s) on: October 23, 2015
VI. LAND USE
A. Existing Land Use(s) and Zoning: The site is vacant with an R-4 zoning designation.
Sundial Circle PP-15-018 PAGE 3
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential property zoned R-4 (Sundial Sub. No. 1)
2. East: Single-family residential property zoned R-4 (Sundial Sub. No. 1)
3. South: Single-family residential property zoned R-4 (Sundial Sub. No. 2)
4. West: Single-family residential property zoned R-4 (Sundial Sub. No. 2)
C. History of Previous Actions: In 1994 the subject property was annexed and zoned to R-4 as part
of the Turtle Creek Subdivision. At that time the subject property received preliminary plat
approval for 40 lots as part of the Turtle Creek Preliminary Plat. Also, in 1994 at the time of
annexation of the subject property a development agreement was entered into for this area
(instrument #94108841) that contained the following development restrictions: 1) The property
shall have lot sizes of at least 8,000 square feet and no duplex units, townhomes, or patio homes
can be constructed on the property; 2) That there shall be no change to increase the number of lots
or reduce the size of the lots as shown in the preliminary plat that was submitted with the request
for annexation, zoning, and preliminary plat approval; 3) Only single family houses can be
constructed on this property and said houses shall have a minimum 1,400 square feet of living
area excluding the garage.
The first application submitted by the applicant (which included the formerly requested rezone)
did not conform to these development agreement provisions. The applicant then revised the
application and did not move forward with an application to rezone the property. The preliminary
plat was approved in March of 2007 (PP-06-060). The final plat was approved in May of 2008
(FP-08-009). The applicant had until April of 2009 to obtain the City Engineers signature on the
final plat, and failed to do so. The preliminary plat expired at that time. Due to the length of time
that has passed and the changes from the original design that are necessary to develop this land,
the current applicant has submitted a new preliminary plat (the subject revised application) for
this property. Although the preliminary plat is new, the development agreement provisions tied to
the annexation of the subject property are still in effect. Staff believes the revised preliminary plat
generally conforms to the development agreement provisions that are in effect for this property.
D. Utilities:
1. Location of sewer: Sanitary sewer intended to serve this development currently exist at the
terminus of S. Whitelaw Court.
2. Location of water: Domestic water intended to serve this development currently exist at the
terminus of S. Whitelaw Court.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: None
2. Hazards: None
3. Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The property is designated Medium Density Residential (MDR) on the Comprehensive Plan
Future Land Use Map. This designation allows smaller lots for residential purposes within the
city limits. The Comprehensive Plan anticipates densities between 3 to 8 dwelling units per acre.
Sundial Circle PP-15-018 PAGE 4
A maximum of 4 dwelling units to the acre is allowed in the R-4 zoning district. The proposed
preliminary plat depicts a residential subdivision consisting of eleven (11) single-family detached
homes on 2.54 acres of land at a gross density of 4.33 dwelling units per acre and a net density of
4.42 dwelling units per acre. The subject property has always been part of the sundial subdivision,
and it was always slated for future development once the cell tower was decommissioned and
removed. Though the Sundial Circle development will have a gross density of 4.33, the combined
gross densities of Sundial #1, #2, #3 and Sundial Circle will be 3.69 dwelling units per acre. The
proposed density falls within the density requirements of the UDC. For these reasons, staff finds
the proposed development is consistent with the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and the
proposed development (staff analysis in italics below policy):
• “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 medium density residential development will contribute to the variety of
residential densities in this area of the City, which currently consists of a mix of medium-low
density residential developments.
• “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)
The proposed development is adjacent to properties annexed into the city and services are
available to be extended to the site upon development in accord with UDC 11-3A-21.
• “Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development.” (3.07.02I)
The subject property is surrounded by properties developed at suburban densities consistent
with the density of the proposed residential development. The proposed development will also
consist of single family detached homes. The proposed lots are similar to the adjacent
subdivisions, the proposed lot sizes comply with the dimensional standards of the proposed
R-4 zone and the requirements of the recorded development agreement..
• “Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.”(3.05.02C)
The applicant is required to comply with all UDC standards pertaining to landscaping,
signage, and fencing on the site.
• “Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 0.046 of an acre (or 0.84%) of qualified open
space/common area to be provided on the site. Because this site is less than 5 acres in size,
the UDC does not require open space to be provided as part of the development. The only
open space being provided is the micropath lot which connects a micropath constructed with
the first phase of the Sundial Subdivision.
• “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)
There is an existing pedestrian connection from Sundial Sub. No. 1 that stubs to the proposed
subdivision. The applicant is proposing to continue the pathway in their preliminary plat.
• “Require pedestrian access in all new development to link subdivisions together and promote
Sundial Circle PP-15-018 PAGE 5
neighborhood connectivity.”
The applicant is proposing a pedestrian connection from the proposed subdivision to Sundial
Subdivision No. 1 through Lot 8, Block 1 of the proposed Sundial Circle Subdivision .
After considering all of these factors staff finds that the proposed development is generally consistent
with comprehensive plan.
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 eleven (11) building lots, and one (1) common area lot. The plat is
proposed to develop in one phase.
The gross density for the subdivision is 4.33 d.u./acre and the net density is 4.42 d.u./acre, with
the combined gross density of Sundial #1, #2, #3 and Sundial Circle at 3.69 dwelling units per
acre. The development agreement for the subject property requires that the minimum lot size be
8,000 square feet, and that single-family homes be no smaller than 1,400 s.f. in size, consistent
with the dimensional standards of the R-4 district.
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.
Access: Access for the development is proposed from W. Whitelaw Drive, via W. Turtle Creek
Drive a residential collector street. The proposed roadway will terminate as a cul-de-sac.
Sundial Circle PP-15-018 PAGE 6
Parking: Off-street parking is required for each residential lot in accord with the standards listed
in UDC 11-3C-6.
Landscaping: Landscaping should be provided within the internal pathway connection that will
be continued from Sundial Sub. No. 1, and shall be landscaped in accordance with UDC 11-3A-8
and UDC 11-3B-12C.
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 and Site Amenities: Qualified open space and site amenities are not required to be
provided for developments below 5 acres in size per UDC 11-3G. Because the site consists of
2.54 acres, the applicant is not required by the UDC to provide open space or a site amenity.
However, the applicant is proposing to construct a micropath lot (Lot 8, Block 1) that provides
interconnectivity with a previous phase of the Sundial Subdivision. It is the desire of the applicant
to incorporate the proposed development as part of the existing Sundial CCR’s.
With the submittal of the final plat, the applicant should provide a landscape plan that shows the
landscaping proposed for Lot 8, Block1.
Sidewalks: Five foot wide sidewalks are required along the proposed public street as set forth in
UDC 11-3A-17.
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 .
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 district 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.
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.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-7.
Building Elevations: The applicant has submitted 6 conceptual sample building elevations for
future homes in this development, included in Exhibit A.4. Building materials appear to consist of
a mix of stone accents, stucco, and board and batten.
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
Sundial Circle PP-15-018 PAGE 7
2. Proposed Preliminary Plat (dated: 8/17/15)
3. Proposed Landscape Plan (dated: 9/19/06)
4. Proposed Elevations (dated 10/6/2015)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
PAGE 7
A. Drawings
1. Vicinity/Zoning Map
PAGE 8
2. Proposed Preliminary Plat (dated: 8/17/15)
PAGE 9
3. Proposed Landscape Plan (dated: 9/19/06)
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4. Proposed Elevations (dated: 10/6/2015)
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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 8/17/15, shall be revised as follows:
a. The plat shows 2256 W. Whitelaw Drive and 2244 W. Whitelaw drive as part of the proposed
subdivision. These two lots are part of Sundial Sub. No. 2, and are not included in the
proposed Sundial Circle Subdivision. At final plat submittal, the applicant shall submit a
revised plat showing excluding these lots from the boundary of the plat.
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 existing Sundial Subdivision No.
1 to the northwest, as proposed. The pathway landscaping shall meet the requirements set
forth in UDC 11-3A-8 and UDC 11-3B-12. Provide an updated landscape plan at the time of
final plat submittal.
1.1.3 All existing structures on the site shall be removed prior to signature on the final plat by the City
Engineer.
1.1.4 The street light locations shown in the preliminary plat drawing meet requirements. However, the
light at the subdivision entrance should be moved across Whitelaw Ct. to the south side of lot 1
near the existing pedestrian ramp. This will better light the intersection and pedestrian crossing. A
street light plan is required to be included in the final plat application. The 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 .
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 applicant shall construct homes within the proposed development consistent with the
elevations attached in Exhibit A.4.
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.
1.2.5 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.
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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.
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 has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 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.
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2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 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 . The street
light locations shown in the preliminary plat drawing meet requirements. However, the light at
the subdivision entrance should be moved across Whitelaw Ct.to the south side of lot 1 near the
existing pedestrian ramp. This will better light the intersection and pedestrian crossing.
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
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.
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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 building
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
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.
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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 Fire Department has no comments on this application.
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 Construct Whitelaw Court as a 36-foot wide street section within 50-feet of right-of-way.
7.2 Construct curb, gutter and 5-foot wide attached concrete sidewalk along Whitelaw Court internal
to the site.
7.3 Construct a cul-de-sac with a minimum radius of 45-feet at the terminus of Whitelaw Court.
7.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact the ACHD Planner for information regarding impact fees.
7.5 Plans shall be submitted to the ACHD Development Review Department for plans acceptance,
and impact fee assessment (if an assessment is applicable).
7.6 Comply with the Standard Conditions of Approval as noted below.
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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;
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. 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;
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, 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;
Council relies upon 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
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considered all public testimony that was presented in making a determination as to whether or
not the proposed subdivision would cause health, safety or environmental problems of which
Commission is unaware.