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CC - P/Z Commission Recs - 1/5Falconers Place Subdivision H-2015-0015 PAGE 1 STAFF REPORT Hearing Date: January 5, 2016 TO: City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2015-0015 – Falconers Place Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, David Alexander, has submitted an application for preliminary plat (PP) consisting of twenty-three (23) building lots and six (6) common lots on approximately 4.69 acres in the R-8 zoning district and a development agreement modification (MDA) to alter the type and number of buildings to be constructed on the subject property. The Meridian Planning and Zoning Commission heard these items on December 3, 2015. At the public hearing, the Commission voted to recommend approval of the subject AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Laren Bailey, Bob Aldridge ii. In opposition: None iii. Commenting: Bob Aldridge iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Using city culinary water to irrigate the property ii. Lot sizes c. Key Commission Change(s) to Staff Recommendation: None d. Outstanding Issue(s) for City Council: None II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2015-0015 as presented in staff report for the hearing date of December 3, 2015 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2015-0015 as presented in staff report for the hearing date of December 3, 2015, for the following reasons: (You should state specific reason(s) for denial.) Continuance Falconers Place Subdivision H-2015-0015 PAGE 2 I move to continue File Number H-2015-0015 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the east side of Eagle Road, south of Victory Road, in the NW ¼ of section 28, Township 3 North, Range 1 East. (Parcel #’s R3193250021 and R3193250023) B. Owners: Falcon Drive Meridian, LLC 3300 E. Louise Drive Suite 300 Meridian, ID 83642 C. Applicant: Summit Equity, LLC P. O. Box 190534 Boise, ID 83719 D. Representative: LMB Consulting Laren Bailey 30 S. Lemhi Drive Nampa, ID 83651 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for 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: November 16 and November 30, 2015 (Commission); C. Radius notices mailed to properties within 300 feet on: November 5, 2015 (Commission); D. Applicant posted notice on site(s) on: November 23, 2015 (Commission); VI. LAND USE A. Existing Land Use(s) and Zoning: A portion of the site (0.50 acres) is developed with a single family detached home and will remain and become part of the proposed subdivision. The remaining vacant acreage (4.19 acres) is proposed to develop with the twenty-two (22) single- family detached structures. The entire property is zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property in the Golden Eagle Estates Sub, part of Ada County, zoned RUT. 2. East: Single-family residential property in the Accommodations Subdivision, zoned R-4. 3. South: Single-family residential properties, one has not been platted, and is one part of the Dartmoor Subdivision, and both are located in unincorporated Ada County and zoned RUT. 4. West: Single-family residences in Sovi Subdivision, zoned R-15. Falconers Place Subdivision H-2015-0015 PAGE 3 C. History of Previous Actions: • In 2005, City Council approved an annexation, preliminary plat and conditional use permit (AZ-05-027, PP-05-027 and CUP-05-034) to construct and operate an assisted living facility comprised of 5 individual facilities on the property. As part of the annexation approval, the Developer and the City entered into a development agreement (DA) recorded under instrument #105152708. • In 2008, City Council approved a new preliminary plat and conditional use permit (PP-08- 004 and CUP-08-008) for the same use on the property however, the developer at the time failed to submit a time extension application or record the plat and establish the use on the site within the time limits of the UDC. Currently, the recorded DA restricts the use of the property to the assisted living facility. • In 2013, City Council denied a new preliminary plat, and development agreement modification (PP-13-039, and MDA-13-024) to construct 36 condominium units in two buildings. Council denied the applications because the changes “are not improvements over the contemplated use of the subject property. City council…elected not to deviate from the specific use as an assisted living facility as approved in the Conditions Governing Development of Subject Property as outlined in the existing Development Agreement dated September 27, 2005 (instrument # 105152708).” D. Utilities: 1. Public Works: Location of sewer: The sanitary sewer main intended to provide service to this development exists in S. Eagle Road. Location of water: Domestic water mains to provide service to this development exist in S. Eagle Rd. and E. Falcon Drive. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse the subject properties. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: There are no designated flood plains on the subject property. 4. Topography: This site is generally flat. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Low-density Residential” (LDR) on the Comprehensive Plan Future Land Use Map. The LDR land use designation anticipates residential development at gross densities of three (3) dwelling units or less to the acre. The subject property is currently zoned R-8 which allows the property to develop with a maximum of 8 dwelling units to the acre under the Unified Development Code (UDC). As mentioned above, the R-8 zone was established on the property to develop an assisted living facility. In order to develop the property with the assisted living facility, the previous developer requested a step- up in the density/zoning (e.g. low to medium) as allowed in the comprehensive plan. For purposes of this application, the comprehensive plan becomes the advisory tool for determining the future land use and the underlying zoning regulates the use and the density in which the property may be developed. The proposed Preliminary Plat includes 23 residential building lots on 4.69 acres for an approximate gross density of 4.90 dwelling units/acre. The gross density is within the range outlined in the Falconers Place Subdivision H-2015-0015 PAGE 4 Comprehensive Plan. The following Comprehensive Plan policies apply to this application with Staff’s analysis in italics : 1. “Restrict private curb cuts and access points on collectors and arterial streets.”(3.06.02D Page 53) The proposed development will not directly connect to Eagle Road which is an arterial street. The traffic from the proposed development will be funneled through E. Falcon Drive, which is an existing local street that connects to Eagle Road. 2. “Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.).” (3.06.02F Page 54) Street buffer landscaping is required adjacent to S. Eagle Road in accord with the standards listed in UDC 11-3B-7C. Fencing shall comply with the standards listed in UDC 11-3A-7. 3. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C Page 55) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the existing sidewalk along W. Falcon Drive. There is also a path stubbed to the eastern boundary of the subdivision from Accomodations Subdivision. 4. “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 Page 45) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 5. “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I Page 55) The subject property is surrounded by properties developed at urban densities lower than the proposed residential development. However, the residential development on the southwest corner of Victory Road and Eagle Road is developed with a mix of single family and multi- family units. Because the proposed use of the property is principally permitted within the R-8 zone, the proposed design of the structures emulate the surrounding residences and the proposed density is consistent with a medium density development, staff finds the development should be compatible with the surrounding single family developments. The subject property is adjacent to existing single-family homes and similar lot sizes to the west in Sovi Subdivision, Medford Place Subdivision and Messina Village. 6. “Provide housing options close to employment and shopping centers.” (3.07.02D Page 55) The proposed development will provide additional housing options in this area of the City within close proximity to employment centers, education facilities and shopping along the Eagle and Overland Road corridors. 7. “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C Page 52) Street buffer landscaping is required adjacent to Eagle Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. Falconers Place Subdivision H-2015-0015 PAGE 5 8. “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A Page 55) Because the plat is under the 5 acre minimum, the UDC does not require common open space and site amenity standards as set forth in UDC 11-3G. The only required landscaping for the development is the 25-foot wide landscape buffer adjacent to S. Eagle Road. The submitted plan depicts approximately 0.908 acres of open space and two (2) amenities. Staff is supportive of the proposed open space and amenities as a typical infill development does not provide this amount of open space for the benefit of the future residents and should complement the surrounding single family developments. 9. “Ensure that new development is connected to the City's sanitary sewer system (no septic systems).” (5.08.01A Page 75) Development of the subject property requires that any existing septic systems be abandoned and that the property be connected to the City’s sanitary sewer system. 10. “Pursue sidewalk construction for existing substandard streets.” (3.03.02D Page 47) The subject property abuts E. Falcon Drive which is currently a substandard street. With the development of the subdivision, the applicant will responsible for constructing a 5-foot wide sidewalk along the entire E. Falcon Drive frontage. Based on the above analysis, staff finds that the proposed development is consistent with the comprehensive plan and recommends approval. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts (R-8): 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. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as principally permitted uses in the R-8 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 25-foot wide buffer is required to be constructed along S. Eagle Road in accord with the street buffer landscaping standards listed in UDC 11-3B-7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6. IX. ANALYSIS 1. Analysis of Facts Leading to Staff Recommendation: Development Agreement Modification (MDA): The subject property is governed by a development agreement (DA) recorded as instrument #105152708. As mentioned earlier, the previous project was approved for an assisted living facility. To ensure the site developed as proposed at the time, the recorded DA restricted the development of this site to no more than six (6) primary structures; five (5) retirement homes and one (1) clubhouse. Falconers Place Subdivision H-2015-0015 PAGE 6 The new owner is seeking approval to construct a 23 unit single-family residential development. Because the proposed project differs substantially from the previous approvals, the recorded DA must be amended to incorporate new provisions relevant to the proposed development. Staff has provided the appropriate DA sections that need to be modified: • Update the Parties: Include new developer/owners ; • Section 3.2: Include new developer/owners; • Section 4.1: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R 8 zone and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-05-027 application. Construction and development of a residential development consisting of twenty-three (23) single-family residential lots, and six (6) common lots in an R-8 zone on 4.69 acres; • Section 5: DEVELOPMENT IN CONDITIONAL USE: “Developer” has submitted to “City” an application for conditional use permit site plan dated May 23, 2005 and shall be required to obtain the “City” approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. • Section 6: 6.1.1 That the applicant agrees to construct no more than six (6) primary structures on this site. Said structures shall be limited to five (5) retirement homes and one (1) clubhouse building. Development of the site shall consist of a maximum of twenty-three (23) single-family lots, and six (6) common lots, including one (1) existing single-family residence to remain; 6.1.2 Remain as is ; • Add the following new DA provisions: 6.1.3 Future development of the site shall substantially comply with the submitted preliminary plat, landscape plan and elevations attached in Exhibit A. 6.1.4 All future development of the subject property shall comply with all City of Meridian ordinances in effect at the time of development. 6.1.5 Prior to issuance of a building permit for any single-family home, the applicant shall record a final plat. • Section 17: – Update with new owner information . 2. Preliminary Plat: The proposed plat consists of twenty-three (23) building lots and six (6) common lots on 4.69 acres of land. The R-8 zoning district exists and works for the proposed development (see Exhibit A.2). The gross density for the subdivision is 4.9 d.u./acre. Existing Structures: There is an existing single-family home on the site that will remain and become part of the proposed Falconers Place Subdivision. The existing home shall be connected to city utilities at the time of final plat approval. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Falconers Place Subdivision H-2015-0015 PAGE 7 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 to be in compliance with the aforementioned standards. Depictions: The applicant is proposing two common driveways. For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. Staff has determined that the preliminary plat does not show the required details as set forth in UDC 11-6C-3. (See Common Drives below for more analysis.) Access: Access to this development will be provided from E. Falcon Drive; an existing local street. The existing single family residence on the proposed Lot 29, Block 1 will continue to take access from this roadway as well as the future residence on the proposed Lot 4, Block 1. The remainder of the development will take access from the extension of S. Falconers Place. Staff is supportive of the public street access proposed for the development. Common Drives: There are two common driveways proposed. The applicant is proposing Lots 16-19 and Lots 21-23, Block 1 to take access from a single common driveway. Per UDC-11-6C- 3D, common driveways shall serve a maximum of (6) dwelling unit. The applicant should revise the submitted preliminary plat showing Lots 15 and 16, Block 1, taking access from Falconers Place and not the common driveway. With final plat submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures. Lots 15 and 16, Block 1, should meet the requirements of UDC 11-2A-6. Streets: All of the proposed streets depicted on the plat are public. A total of 44-feet of right-of- way is proposed for S. Falconers Place with 34 feet of pavement between the back of curbs. ACHD’s staff has indicated support of the road design as proposed by the applicant. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide detached sidewalks along W. Falcon Drive (including in front of the existing home), as well as along the proposed S. Falconers Place. Landscaping, Open Space and Amenities: Because the plat is under the 5 acre minimum, the UDC does not require compliance with the common open space and site amenity standards set forth UDC 11-3G. However, the applicant is proposing to construct a micropath lot (Lot 20, Block 1) that will connect to the existing Accomodations Subdivision to the east, as well as a seating area with a shade structure. The only required landscaping for the development is the 25-foot wide landscape buffer adjacent to S. Eagle Road. The landscape plan as submitted provides the required 25-foot wide landscape buffer in accord with UDC 11-3B-7C. Existing Trees: The submitted landscape plan notes existing trees on the plan proposed for removal. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the final plat, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The submitted landscape plan does not depict any existing or proposed fencing on the property. The applicant should clarify, during the P&Z Commission hearing if any perimeter fencing is proposed. Any future fencing proposed for the development must comply with the fencing regulations set forth in UDC 11-3A-7.With the submittal of the final plat application, the applicant must provide a master fence plan to ensure compliance with the UDC. Falconers Place Subdivision H-2015-0015 PAGE 8 Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation (PI) systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. An underground, pressurized irrigation system is required to be installed in accordance with UDC 11- 3A-15. The owner is requesting the use of domestic water to serve as the primary water source for the proposed development. The applicant states the use of surface water from Nampa Meridian Irrigation District is not feasible. The surface delivery to this property is on a 10 day rotation and cannot provide adequate water delivery. The requirements for a pressurized irrigation system may be waived if the property does not have water rights in an existing irrigation district. The applicant must submit a letter from the Nampa Meridian Irrigation District verifying the water deficiency. The city’s domestic water system is the last option for providing irrigation water to a proposed development and requires City Engineer’s approval. Building Elevations: The submitted elevations depict a mix of building materials (lap siding and cedar shake siding), decorative window and door trim, decorative corbels, covered entries, and stone wainscot consistent with the surrounding developments. Staff is of the opinion the future single-family homes will complement the existing homes in the area and demonstrate high quality materials (see Exhibit A.4). Because homes on lots that back-up to S. Eagle Road (Lots 4-10 and 12, Block 1), as well as to W. Falcon Drive (Lot 28, Block 1) will be highly visible; staff recommends that the side of any structure that faces the public street on these lots, incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 10/12/15) 3. Proposed Landscape Plan (dated: 10/07/15) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Falconers Place Subdivision H-2015-0015 PAGE 9 A. Drawings 1. Vicinity Map Falconers Place Subdivision H-2015-0015 PAGE 10 2. Proposed Preliminary Plat (dated: 10/12/15) Falconers Place Subdivision H-2015-0015 PAGE 11 3. Proposed Landscape Plan (dated: 10/07/2015) Falconers Place Subdivision H-2015-0015 PAGE 13 4. Conceptual Building Elevations Falconers Place Subdivision H-2015-0015 PAGE 14 Falconers Place Subdivision H-2015-0015 PAGE 15 Falconers Place Subdivision H-2015-0015 PAGE 16 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan (including the common open space; a seating area and shade structure and a micropath connection on the east boundary) and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit A.4. The rear or sides of structures on lots that back up to S. Eagle Road (Lots 4-10 and 12, Block 1), as well as to W. Falcon Drive (Lot 28, Block 1) will be highly visible; the side of any structure that faces the public street on these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.2 The preliminary plat, dated 10/12/15, is approved with the following changes: a. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling units. Lots 15 and 16, Block 1 shall take access from Falconers Place and not the proposed common driveway. A revised preliminary plat, showing a lot layout consistent with City Code, shall be submitted to Staff at least ten days prior to the City Council hearing. b. With final plat submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access to a common driveway. c. Lots 15 and 16, Block 1 shall meet the dimensional requirements of UDC 11-2A-6. d. Direct lot access shall be prohibited to S. Eagle Road in accord with UDC 11-3A-3. e. The existing home shall be included in the plat, given a Lot and Block number, hook up to city utilities at the time of final plat approval and install sidewalk along it’s frontage to W. Falcon Drive . 1.1.3 The landscape plan included in Exhibit A.3, dated 10/07/15, is approved with the following changes: a. The applicant shall construct a gazebo on common Lot 24, Block 1 as proposed. b. With the submittal of the final plat application, provide a master fence plan to ensure compliance with UDC 3A-7. c. At the time of final plat application, the applicant shall provide details of all amentities proposed for the development. 1.1.4 Lots 12, 13, 14, and 17, 18, 19, 21, 22, 23, Block 1 shall take access from common driveways as proposed. An exhibit depicting the setbacks, building envelope and orientation of lots and Falconers Place Subdivision H-2015-0015 PAGE 17 structures shall be submitted final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. 1.1.5 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 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. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 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. 1.2.10 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 Falconers Place Subdivision H-2015-0015 PAGE 18 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 S ITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to connect to the existing water main located in E. Falcon Drive and S. Eagle Road, thereby looping the water system into all available locations. 2.1.2 Applicant shall be required to physically connect the existing home to sanitary sewer and water, as well as payment of all associated costs. 2.1.3 A street light plan will need 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 2.1.4 The owner is requesting the use of domestic water to serve as the primary water source for the proposed development. The applicant states the use of surface water from Nampa Meridian Irrigation District is not feasible. The surface delivery to this property is on a 10 day rotation and cannot provide adequate water delivery. The requirements for a pressurized irrigation system may be waived if the property does not have water rights in an existing irrigation district per MCC 9-1-28 (A)(2). The applicant must submit a letter from the Nampa Meridian Irrigation District verifying the water deficiency. The city’s domestic water system is the last option for providing irrigation water to a proposed development and requires City Engineer’s approval. If the waiver is granted, the applicant shall be responsible for the payment of well development fees per MCC 11-3A-15 (D). 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. Falconers Place Subdivision H-2015-0015 PAGE 19 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. 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. Falconers Place Subdivision H-2015-0015 PAGE 20 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. 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 comments. Falconers Place Subdivision H-2015-0015 PAGE 21 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the curb for pickup. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. A DA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 5-foot wide detached concrete sidewalk on Eagle Road located a minimum of 41-feet from centerline and dedicate right-of-way to total 48-feet from centerline. 7.1.2 Construct the south side of Falcon Drive as one-half of a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. Provide a sidewalk easement if the sidewalk is detached and located outside of the existing right-of-way. 7.1.3 Construct a public street off of Falcon Drive located approximately 275-feet east of Eagle Road as proposed. The street section approved is 34-feet within 48-feet of right-of-way with a 48’ radius in the cul-de-sac. 7.1.4 The existing 20-foot wide driveway on Falcon Drive that serves the existing single family dwelling (Lot 1, Block 1), located 105-feet west of the east property line is approved. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Falcon Drive. 7.1.5 Payment of impacts fees are due prior to issuance of a building permit. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way. 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. Falconers Place Subdivision H-2015-0015 PAGE 22 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. 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. Falconers Place Subdivision H-2015-0015 PAGE 23 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat with 23 building lots are in substantial compliance with the adopted Comprehensive Plan. 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; Commission 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, Commission 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; Commission recommends Council rely 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 Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. Commission recommends that Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Commission is unaware of any natural, scenic or historic features on this site. Therefore, Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Commission is unaware.