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Logan Creek Subdivision H-2015-0037CITY OF MERIDIAN E IIFINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ) K .1 In the Matter of the Request for an Amendment to the Development Agreement to Modify the Site Layout and Update the Provisions of the Agreement in Accord with the Preliminary Plat; and Preliminary Plat Consisting of Sixty -Seven (67) Building Lots, Thirteen (13) Common Area Lots and Two (2) Other Lots for Existing Homes on 21.76 Acres of Land in the R-4 Zoning District for Logan Creels Subdivision, by Jim Jewett, JLJ, Inc. Case No(s). H-2015-0037 For the City Council Hearing Date of: April 5, 2016 (Findings on April 12, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 5, 2016, 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. 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). H-2015-0037 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 5, 2016, 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 an amendment to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of April 5, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 5, 2016, 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 -6B -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 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0037 - 2 - 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 April 5, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0037 - 3 - By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED �� COUNCIL VICE PRESIDENT JOE BORTON VOTED--4eS COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 2S COUNCIL MEMBER TY PALMER VOTED 'Ir S COUNCIL MEMBER LUKE CAVENER VOTED '�CS COUNCIL MEMBER GENESIS MILAM VOTED -C S MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: 4wfee�lm-ai3 City Clerk Ile,O44p�p CA.D'pYu�US�l �G iso City of E I j IDIAN IDAHO SEAL eerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: III Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0037 - 4 - EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 1 STAFF REPORT Hearing Date: April 5, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Logan Creek Subdivision – MDA, PP (H-2015-0037) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jim Jewett, JLJ, Inc., has submitted an application for a modification to the development agreement (MDA) required with AZ-14-016 (Nesting Swan Ranch) to reflect a modified site layout and updated provisions. A preliminary plat (PP) is also proposed consisting of 68 67 building lots, 18 13 common area lots and 2 other lots for existing homes on 21.76 acres of land in the R-4 zoning district for Logan Creek Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. Note: The MDA application does not require Commission action. The Meridian Planning & Zoning Commission heard these items on January 21, February 18, and March 17, 2016. At the public hearing on March 17th, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Carl Porter ii. In opposition: None iii. Commenting: Frank Shoemaker; Roger Taylor iv. Written testimony: Jim Jewett, Applicant v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Desire by Mr. Shoemaker for the lots (Lots 3-6, Block 2) backing up to his 3 lots (Lots 2- 4, Block 3, Shelburne Sub.) at the north boundary of the site to be restricted to a single story in height with no bonus rooms; ii. Concern by Mr. Taylor regarding access and safety for the irrigation ditch that will remain open along the rear of Lots 30-33, Block 1 in a common lot; desire for Lots 33-36 and 38-41, Block 1 to be restricted to a single-story in height with no bonus rooms; and a desire for a gated access to S. Martinel Avenue. c. Key Issues of Discussion by Commission: i. Discussion regarding Mr. Shoemaker and Mr. Taylor’s testimony and requests. d. Commission Change(s) to Staff Recommendation: i. Modification to condition #1.1.7 to allow the ditch that runs along the rear of Lots 30- 33, Block 1 to remain open and to require it to be placed in a common lot within a 10- foot wide easement for use and maintenance by the adjacent (Taylor) property (#R5475470020). The ditch should be fenced off from the subdivision to prevent access by children (see Exhibit B). EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 2 ii. Add a new condition restricting building height to single-story with no bonus rooms on Lots 3-6, Block 2 and Lots 33-36 and 38-41, Block 1 adjacent to Mr. Taylor’s property (#R5475470020) if agreed to by the applicant (to confirm at Council meeting) (see condition #1.1.13 in Exhibit B). iii. Add a new condition requiring the developer to provide a gated access to S. Martinel Avenue for the Taylor property (#R5475470020) if agreed to by the applicant (to confirm at Council meeting) (see condition #1.1.14 in Exhibit B). e. Outstanding Issue(s) for City Council: i. Confirmation that the applicant agrees to restrict the height of homes to single-story with no bonus rooms as requested by Mr. Shoemaker and Mr. Taylor on certain lots as identified above; for a 10-foot easement to be provided to the Taylor property for use and maintenance of the irrigation ditch; and a gated access for the Taylor property to S. Martinel Avenue as discussed at the Commission hearing. The Meridian City Council heard these items on April 5, 2016. At the public hearing, the Council approved the subject PP and MDA requests. a. Summary of City Council Public Hearing: i. In favor: Jim Jewett ii. In opposition: None iii. Commenting: None iv. Written testimony: Memo of Understanding between the applicant and the Shoemaker’s, the Taylor’s and the Morgan’s. v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Commission Recommendation i. Delete conditions #1.1.1.a, #1.1.1.i., #1.1.2.h., and #1.1.7 in Exhibit B pertaining to the irrigation ditch & easement along the rear of Lots 30-33, Block 1. The applicant has agreed to relocate the ditch to the west on the Taylor property and construct a concrete ditch. ii. Delete conditions #1.1.1.c, #1.1.1.d, #1.1.1.f, #1.1.1.g, #1.1.2.a, #1.1.2.d, #1.1.2.e, #1.1.2.f, and #1.1.2.g as the plat has been revised to reflect these requirements and/or the conditions no longer apply. iii. Modify the lot numbers and associated text in condition #1.1.9 and #1.1.10 consistent with the revised plat. iv. Add a condition that requires the site layout on the landscape plan to be revised consistent with the revised preliminary plat (see condition #1.1.2i). v. Add a provision (#5.1.h) to the amended development agreement in Exhibit A.3 and condition in Exhibit B (#1.1.13) that restricts homes to a single-story in height on Lot 5, Block 2 & a single-story or single-story w/bonus room under certain provisions outlined in the Memo of Understanding between the developer and the Shoemaker’s on Lots 3, 4, and 6, Block 2. vi. Add a provision (#5.1.i) to the amended development agreement in Exhibit A.3 and condition in Exhibit B (#1.1.14) that requires the developer to relocate the northern stretch of the irrigation ditch located on the Taylor & Morgan properties to completely on the Taylor property & construct a concrete ditch; relocate the Taylor’s existing fence to the west side of the relocated ditch; install a 16’ wide privacy gate between the Taylor property & Logan Creek subdivision for Taylor’s access; and restrict the height of EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 3 homes to a single-story on Lots 33-36, 38-41, Block 1 as agreed upon by the applicant per the terms in the Memorandum of Understanding between the developer and the Taylor’s. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0037, as presented in the staff report for the hearing date of April 5, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0037, as presented during the hearing on April 5, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0037 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 4617 and 4620 S. Martinel Lane, in the southwest ¼ of Section 28, Township 3 North, Range 1 East. (Parcel No.’s: R5475470011 and R5475470030) B. Owners: Gladys Allen 4617 S. Martinel Lane Meridian, ID 83642 Donald and Marie Morgan 4620 S. Martinel Lane Meridian, ID 83642 C. Applicant(s): Jim Jewett, JLJ, Inc. P.O. Box 280 Eagle, ID 83616 D. Representative: Gus Porter, Sawtooth Land Surveying, LLC 2030 S. Washington Ave. Emmett, Idaho 83617 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification and preliminary plat. Except for the development agreement modification request, which only requires City Council review, 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. EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 4 B. Newspaper notifications published on: February 29 and March 14, 2016 (Commission); March 21 and 28, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: February 19, 2016 (Commission); March 18, 2016 (City Council) D. Applicant posted notice on site(s) on: March 4, 2016 (Commission); March 20, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of two rural residential properties, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned RUT in Ada County; rural residential property currently in the development process (Shelburne Subdivision), zoned R-4; and residential properties in Napoli Subdivision, zoned R-2 2. East: Agricultural property owned by the school district, zoned RUT in Ada County; and an assisted living facility (Diamond View), zoned R-8 3. South: E. Amity Road and agricultural property, zoned R-8 4. West: S. Eagle Road and rural residential/agricultural property, zoned RUT in Ada County C. History of Previous Actions: The subject property was previously platted as Lots 1 and 3, Block 1, Martinel Subdivision and recently annexed (AZ-14-016) with an R-4 zoning district with the requirement of a development agreement (DA). The DA is scheduled for City Council approval on January 19, 2016, which will finalize the annexation. A preliminary plat (PP-14-018) for Nesting Swan Ranch Subdivision was proposed with the annexation but was denied by City Council on July 7, 2015. Note: The proposed preliminary plat is deemed to not be in substantially the same form as the previous preliminary plat that was denied. D. Utilities: 1. Sanitary sewer mains to provide service to the proposed development currently exist near the southwest corner of the Napoli Subdivision. 2. Location of water: Water mains intended to provide service to the proposed development currently exist in E. Amity Road and S. Eagle Road. 3. Issues or concerns: Applicant shall be required to connect their interior water mains with the existing water main in S. Eagle Road, and stub a water main to the east boundary for future extension. E. Physical Features: 1. Canals/Ditches Irrigation: There are some irrigation ditches that run along the property lines of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 5 MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to subdivide and develop the 21.8 acre site with 6867 new single-family residential building lots and 2 lots for the existing homes at a gross density of 3.21 d.u./acre with a net density of 4.25 d.u./acre. The proposed gross density is within but at the low end of the desired density range of 3 to 8 d.u./acre in MDR 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):  “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 single-family residential development should contribute to the variety of residential uses that exist in this area which currently consist of rural, low and medium residential densities, a residential care facility and agricultural uses.  “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F). The proposed plat does not provide a transition in density to the rural Taylor or Luke parcels; all of the proposed lots are approximately 8,000 s.f. Both of these parcels are designated on the FLUM for medium density residential uses and will likely redevelop in the future with similar lot sizes and density. The lots proposed along the north boundary transition to those approved in Shelburne Subdivision which are slightly larger lots (10,000- 11,000+/- s.f.) and are also separated by a 30-foot wide common lot.  “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) A pedestrian pathway is proposed on the plat to the adjacent property to the east where a school is planned. A pathway connection is also proposed to the sidewalk along S. Eagle Road at the northwest corner of the southern portion of the site. A pedestrian pathway is also proposed within the common area at the north boundary of the site that will also provide a connection to the future school site and Shelburne Subdivision to the north.  “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The proposed plat depicts a stub street (S. Martinel Avenue) to the north for future extension and interconnectivity with Shelburne Subdivision; to the south at the southwest corner of the site to the Luke property (Parcel #S1128336250); and public street frontage to the Taylor property (Parcel #R547570020) and Diamond View assisted living facility (Parcel #S1128336506).  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along S. Eagle Road and E. Amity Road, both arterial streets, in accord with the standards listed in UDC 11-3B-7C. Six-foot tall vinyl privacy fencing is proposed around the perimeter of the site as depicted on the landscape plan and should comply with the standards listed in UDC 11-3A-7. Separate permits shall be obtained for signage and fencing. EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 6  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed residential development should be compatible with adjacent existing rural and low density residential uses and the residential care facility to the east. Further, because the adjacent properties are also designated on the FLUM for future MDR uses, the proposed development should be consistent with future development in this area.  “Require common area in all subdivisions.” (3.07.02F) The proposed development is required to provide a minimum of 10% (or 2.18 acres) qualified open space in accord with the requirements listed in UDC11-3G-3.  “Evaluate the comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment and parks etc.).” (3.01.01B) A letter was received by the City from the West Ada School District detailing how the proposed development will affect the school district; they anticipate a total of 56 school aged children within this development. The letter states that the school district is currently operating at or over capacity and students living in the proposed development cannot be assured of attending the neighborhood school and may need to be bussed to available classrooms across the district. The district requests the developer provide safe walkways, bike paths, and safe pedestrian access for students. (See letter in the public record for more information). ACHD reviewed the subject project; draft comments/conditions are provided in Exhibit B. The Park’s Department had no concerns regarding this development.  “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 developer upon development of the site in accord with UDC 11-3A-21. Analysis: For the reasons listed above, Staff deems the proposed density and development is consistent with the MDR designation and goals and policies of the 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-2 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 EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 7 in UDC Table 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. Development Agreement Modification (MDA): The applicant requests a modification to the development agreement (MDA) required with AZ-14-016 to reflect a modified site layout, building elevations and updated provisions based on the proposed preliminary plat. The conceptual development plan included in the development agreement (DA) depicts a total of 63 building lots (see Exhibit A.2). The preliminary plat associated with the conceptual plan was denied by City Council. The developer has changed since the previous application and has submitted a new preliminary plat with a substantially different layout. The proposed plat consists of 70 building lots, including 2 lots for the existing homes, for an overall gross density of 3.21 dwelling units per acre consistent with the MDR FLUM designation as discussed above in Section VII. Staff has included analysis below on the proposed preliminary plat and building elevations and recommends approval of the proposed MDA with modifications to the text of the DA as shown in Exhibit A.3 based on the new layout. 1. Preliminary Plat (PP): The proposed plat is a re-subdivision of Lots 1 and 3, Block 1, Martinel Subdivision and consists of 70 single-family residential building lots (including 2 lots for existing homes) and 18 common lots on 21.76 acres of land in an R-4 zoning district. The applicant submitted a phasing plan, included in Exhibit A.4, which depicts 5 phases of development starting at the north end of the site. The overall gross density for the subdivision is 3.21 d.u./acre with a net density of 4.25 d.u./acre. The average lot size in the proposed development is 10,239 square feet. Note: There is a 1.17 acre out-parcel at the southwest corner of this site (Parcel No. S1128336250, Luke property). Staff has verified that it is an original parcel of record as defined in UDC 11-1A-1 and therefore, is not required to be included in the subject preliminary plat application. 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 the street frontage of several lots to be below the minimum street frontage required of 60 feet; these lots should be revised accordingly except for those lots with street frontage on cul-de-sacs or at approximately a 90 degree angle which may have a minimum frontage of 30 feet per UDC 11-2A-3. All of the lots meet the minimum size of 8,000 square feet (s.f.) except for Lot 27, Block 2 which is incorrectly depicted as an open space lot. This lot is actually intended to provide access to the back of Lot 19, Block 2, the Morgan property. If not a common lot, it’s required to be a minimum of 8,000 s.f. Existing Structures: The existing homes owned by the Allen’s and Morgan’s are proposed to remain on lots in the proposed subdivision (Lot 4, Block 3 and Lot 19, Block 2 respectively). The Morgan’s have an accessory structure that exists across proposed Lots 25-26, Block 2 that does not comply with the setback requirements of the R-4 district. Therefore, the EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 8 structure should either be removed prior to recordation of the final plat phase which contains the structure; or, the land that contains the structure may be incorporated into Lot 19, Block 2 with the existing home. If incorporated into Lot 19, Block 2, the lot should not have street frontage on two streets that create a “through” lot. The Allen’s also have an accessory structure that encroaches within proposed Lots 8 and 9, Block 3. Prior to recordation of the final plat phase that contains the Allen home (Lot 4, Block 3), the accessory structure shall be removed as it does not comply with the setback requirements of the R-4 district; or, the structure may be reduced in size to comply with the setback requirements. The structure may remain if incorporated into Lot 4, Block 3 with the existing home; however, the lot shall not have street frontage on two streets that create a “through” lot. 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 standard. Access: There is one public street access (S. Martinel Avenue, classified as a local street) proposed for this development via E. Amity Road; no access is proposed via S. Eagle Road. All internal streets within the proposed subdivision are public. Direct lot access via S. Eagle Road and E. Amity Road is prohibited. S. Martinel Lane currently exists as a private road easement in favor of Lots 1 and 3, Block 1 of Martinel Subdivision and is depicted on the recorded plat for Martinel Subdivision. Because this street is proposed to be improved as a public street, the easement should be vacated. The Martinel Subdivision plat also depicts a common access easement to Eagle Road on Lots 1 and 2 (see plat note #8); the portion of the easement that lies on Lot 1 should be vacated. Stub Streets: A stub street (S. Martinel Avenue) is proposed at the north boundary of the plat for future extension and interconnectivity with Shelburne Subdivision, currently in the development process to the north. Public street frontage is provided to the Taylor property (Parcel #R5475470020); the Diamond View Assisted Living property (Parcel #S1128336506) and to the Luke property (Parcel #S1128336250). A temporary turnaround easement is depicted at the end of S. Palatino Avenue on Lots 2 and 3, Block 4. ACHD recommends the turnaround be located on one buildable lot, instead of two and that this lot be encumbered by a temporary turnaround easement and identified on the plat a non- buildable lot until the street is extended. Common Driveways: All common driveways proposed on the site shall comply with the standards listed in UDC 11-6C-3D. The common driveway serving Lots 6 and 7, Block 4 should be located within a common lot so that pedestrians accessing the proposed pathway to the sidewalk along Eagle Road aren’t trespassing on private property. Sidewalks: A minimum 5-foot wide detached sidewalk is required to be constructed along S. Eagle Road and E. Amity Road, per UDC 11-3A-17 and as required by ACHD. Attached sidewalks are proposed internally within the subdivision. Pathways: All pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 and the adjacent common area landscaped in accord with the standards listed in UDC 11-3B-12C. The Pathways Master Plan does not depict a regional pathway on this site. A micro-path connection is proposed at the east boundary and a pathway is proposed along the north boundary to the future school site to the east for neighborhood connectivity. A pathway connection is also EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 9 proposed on the common lot line between Lots 6 and 7, Block 4; the pathway and 20-foot wide sewer easement depicted on the plat should be included in a 30-foot wide common lot. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.5. A 25-foot wide street buffer is required along S. Eagle Road and E. Amity Road, both arterial streets, per UDC Table 11-2A-6; a 30-foot wide buffer is proposed. Landscaping within the street buffers is required to comply with the standards listed in UDC 11-3B-7C. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G-3E as proposed. The unimproved street right-of-way along S. Eagle and E. Amity Roads is greater than 10 feet from the edge of pavement to edge of sidewalk; this area is required to have a 10-foot wide compacted gravel shoulder meeting ACHD’s construction standards and should be landscaped with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. The landscape plan should be revised to reflect compliance with this requirement. A 30-foot wide common area planted with grass is proposed along the northern boundary of the subdivision where a sewer and water easement is proposed; a pedestrian pathway is included in this area for access the future school site to the east. Staff has reviewed the landscape plan for compliance with the landscaping standards listed in UDC 11-3B and found the plan to be in general compliance with these standards except as noted in this section and in Exhibit B. Tree Mitigation: The applicant has met with Elroy Huff, City Arborist, to confirm mitigation requirements for this site. A total of 70 caliper inches of existing healthy trees are proposed to be removed; mitigation information is included on the landscape plan in accord with UDC 11 -3B- 10C. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (21.8 acres), a minimum of 2.18 acres of qualified open space is required to be provided as set forth in UDC 11-3G-3B. The applicant proposes a total of 2.35 acres (or 10.78%) of qualified open space but did not provide details on how that calculation was reached. According to Staff’s calculations, only 1.97 acres (or 9%) of qualified open space is proposed consisting of ½ the street buffers along S. Eagle and E. Amity Roads; the large open grassy area on Lot 33 Block 1; the linear common area with the pathway along the north boundary of the site on Lot 26, Block 1 and Lot 1, Block 2; and the common area with a pathway connection to the east on Lot 12, Block 2. Staff recommends the applicant provide a minimum of 2.18 acres of qualified open space as set forth in UDC 11-3G-3B with the final plat. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (21.8 acres), a minimum of one amenity is required to be provided. The applicant proposes to provide a playground within Lot 33, Block 1 as an amenity. Staff recommends the applicant submit a detail of the proposed playground equipment with the final plat application. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 10 to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. A 20-foot wide sewer easement is depicted on the plat on the common lot line between Lots 6 and 7, Block 4. This easement should be included within a 30-foot wide common lot. Note: There are several existing utility easements that are depicted on the recorded plat for Martinel Subdivision. If any of these easements are no longer needed, they may be vacated through the public hearing process which requires approval by City Council. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. The applicant’s letter states PI will be coordinated with the New York Irrigation District and Boise Project Board of Control. 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: An irrigation ditch runs along the west property line on the northern portion of the site. All irrigation ditches are required to be piped or otherwise covered in accord with UDC 11- 3A-6A. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Existing Structure(s): There are two existing homes that are proposed to remain on lots (Lot 19, Block 2 and Lot 4, Block 3) in the proposed subdivision. These structures comply with the setback requirements of the R-4 zoning district. Building Elevations: The applicant has submitted pictures of typical sample building elevations for future homes in this development, included in Exhibit A.6. Building materials appear to consist primarily of stucco with stone accents, and horizontal and vertical siding. Future development should be generally consistent with these elevations and construction materials. Because homes on lots that back up to S. Eagle Road and E. Amity Road will be highly visible, staff recommends the rear 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. This requirement is already included in the development agreement. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. A 6-foot tall vinyl privacy fence is proposed to be constructed by the developer around the perimeter of the subdivision as shown on the landscape plan. A 6-foot tall wrought iron fence is proposed adjacent to large common open space lot on Lot 33, Block 1 and adjacent to the common areas that contain a pathway. A temporary 6-foot tall vinyl fence is depicted on the landscape plan adjacent to the existing Morgan house at the edge of the right-of-way along E. Mount Etna Street and S. Martinel Avenue. This fence does not comply with the setback requirements listed in UDC 11-3A-7C and should be removed or relocated in accord with UDC standards prior to City Engineer signature on the final plat for that phase of development. In summary, Staff recommends approval of the proposed MDA and PP applications for this site with the recommended changes to the DA in Exhibit A.3 and conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. EXHIBIT A Logan Creek Subdivision – MDA, PP H-2015-0037 PAGE 11 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Conceptual Development Plan & Building Elevations Included in Existing Development Agreement 3. Existing Development Agreement Provisions with Proposed Modifications 4. Proposed Preliminary Plat (dated: 11/24/15) & Phasing Plan (REVISED) 5. Proposed Landscape Plan (dated: 11/25/15) (NOT APPROVED – Needs to be revised to reflect revised layout of plat) 6. Proposed Conceptual Building Elevations 7. J-U-B Technical Memorandum dated July 22, 2014 for the Former Development (Nesting Swan) B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings 1. Vicinity Map EXHIBIT A Exhibit A Page 2 2. Conceptual Development Plan & Building Elevations Included in Existing Development Agreement EXHIBIT A Exhibit A Page 3 EXHIBIT A Exhibit A Page 4 3. Existing Development Agreement Provisions with Proposed Modifications CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developers shall develop the Property in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Amity Road, both arterial streets, is prohibited in accord with UDC 11-3A-3, except for emergency access only. b. Future development of this site shall be generally consistent with the conceptual development plan preliminary plat and building elevations depicted in Exhibit A of the attached Findings of Fact and Conclusions of Law (Exhibit “B”) and the revisions noted in the staff report. c. The rear of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. d. The existing homes that isare proposed to remain on Lot 114, Block 13 (Allen home) and the existing home on a lLot 19, Block 2 in the future Phase 2 development (Morgan home) shall be required to hook up to City water and sewer service within 60 days of services being available per Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. e. Vehicular access to the Luke parcel (Parcel #S118336250) shall be provided through the subject property and a cross-access easement shall be granted accordingly and recorded. fe. A minimum 5-foot wide pedestrian pathway shall be provided within the 30-foot wide common area depicted on the conceptual development plan preliminary plat landscape plan along the northern boundary of the annexation area site for pedestrian access to the school site to the east. gf. Public street frontage shall be provided to the Taylor property (Parcel No. R5475470020) via S. Martinel Avenue. hg. The 10-foot wide common area shown on the conceptual development plan along the northwest boundary of the annexation area should be included in the adjacent building lots unless the easement holder requires it to be in a common lot. h. The height of homes shall be restricted to a single-story on Lot 5, Block 2 & a single-story or single-story w/bonus room on Lots 3, 4, and 6, Block 2 adjacent to the Shoemaker property as agreed upon by the developer per the terms of the Memorandum of Understanding between the developer and the Shoemaker’s. Per the Memorandum of Understanding, if a single level with upstairs bonus room is constructed, the following shall apply: 1) Upstairs square footage shall be contained within the attic space of the first level; 2) Bonus room square footage shall face the front of the home with windows and/or dormers also only located on front of home; and 3) All dormers and windows on back of home must be designed for the first floor only. i. The developer shall relocate the northern stretch of the irrigation ditch located on the Taylor & Morgan properties to completely on the Taylor property & construct a concrete ditch; relocate the Taylor’s existing fence to the west side of the relocated ditch; install a 16’ wide privacy gate with an access to the subdivision; and restrict the height of homes to a single- EXHIBIT A Exhibit A Page 5 story on Lots 33-36, 38-41, Block 1 as agreed upon by the applicant per the terms of the Memorandum of Understanding (and first amendment) between the developer and the Taylor’s. EXHIBIT A Exhibit A Page 6 4. Proposed Preliminary Plat (dated: 11/24/15) & Phasing Plan (REVISED) EXHIBIT A Exhibit A Page 7 Phasing Plan Only (Configuration of plat has been revised as shown above) EXHIBIT A Exhibit A Page 8 5. Proposed Landscape Plan (dated: 11/25/15) (NOT APPROVED – Needs to be revised to reflect revised layout of plat) EXHIBIT A - 2 - EXHIBIT A - 3 - 6. Proposed Conceptual Building Elevations EXHIBIT A - 4 - 7. J-U-B Technical Memorandum dated January 30, 2015 for the Former Development (Nesting Swan) EXHIBIT A - 5 - EXHIBIT A - 6 - EXHIBIT A - 7 - EXHIBIT A - 8 - EXHIBIT A - 9 - EXHIBIT A - 10 - 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.4, dated 11/24/15, shall be revised as follows: a. If there is an easement for the irrigation ditch that runs along the back side of Lots 30-33, Block 1, graphically depict the easement on the plat. b. Street frontage for all lots except those with street frontages on cul-de-sacs or at approximately a 90 degree angle shall be a minimum of 60 feet per UDC Table 11-2A-5. c. The 20-foot wide sewer easement and pathway connection depicted on Lots 6 and 7, Block 4 shall be located within a 30-foot wide common lot. d. The common driveway for Lots 6 and 7, Block 4 shall be in a common lot and shall comply with the standards listed in UDC 11-6C-3D. Depicted on the revised plat. e. The existing plat for Martinel Subdivision depicts 12-foot wide permanent public utilities, drainage and irrigation (PUDI) easements centered on interior lot lines and 12-foot wide PUDI easements along the perimeter boundary of the site. These easements should either be depicted on the plat or vacated if no longer needed. f. Lot 27, Block 2 does not comply with the minimum lot size of 8,000 square feet in the R-4 district; revise accordingly. g. The common driveway serving Lots 6 and 7, Block 4 should be located within a common lot or within an easement that allows for pedestrian access to the sidewalk along Eagle Road. h. Depict a 20-foot wide easement for an 8-inch diameter water main through Lot 1211, Block 2 to the east boundary. Trees should be located outside of this easement. i. A minimum 10-foot wide common lot shall be provided where the irrigation ditch is located at the rear of Lots 30-33, Block 1 and include a 10-foot wide easement to Parcel # R5475470020 (Taylor property) for use and maintenance. 1.1.2 The landscape plan included in Exhibit A.5, dated 11/25/15, shall be revised as follows: a. Lot 27, Block 2 is not a common lot; revise accordingly. b. The unimproved street right-of-way along S. Eagle and E. Amity Roads is greater than 10 feet from the edge of pavement to edge of sidewalk; this area is required to have a 10-foot wide compacted gravel shoulder meeting ACHD’s construction standards and should be landscaped with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. c. Depict a minimum 5-foot wide detached sidewalk along S. Eagle Road and E. Amity Road in accord with UDC 11-3A-17C. d. The 20-foot wide sewer easement and pathway connection depicted on Lots 6 and 7, Block 4 shall be located within a 30-foot wide common lot. e. The common driveway for Lots 6 and 7, Block 4 shall be in a common lot and shall comply with the standards listed in UDC 11-6C-3D. f. Lot 27, Block 2 does not comply with the minimum lot size of 8,000 square feet in the R-4 district; revise accordingly. g. The common driveway serving Lots 6 and 7, Block 4 should be located within a common lot or within an easement that allows for pedestrian access to the sidewalk along Eagle Road. EXHIBIT A - 11 - h. A minimum 10-foot wide common lot shall be provided where the irrigation ditch is located at the rear of Lots 30-33, Block 1. Fencing is required to prevent access to the waterway by children in accord with the standards listed in UDC 11-3A-6B and 11-3A-7. i. Revise the site layout of the landscape plan to coincide with the revised preliminary plat. 1.1.3 A minimum of 2.18 acres of qualified open space as set forth in UDC 11-3G-3B is required to be provided with the final plat; detailed calculations demonstrating compliance shall be submitted. 1.1.4 Submit a detail of the proposed playground equipment with the final plat application. 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 A minimum 5-foot wide detached sidewalk is required to be constructed along S. Eagle Road and E. Amity Road, per UDC 11-3A-17 and as required by ACHD. 1.1.7 The irrigation ditch that runs along the back side of Lots 30-33, Block 1 shall be piped remain open and not be piped as it is located on the property line and used for irrigation by the adjacent property (Parcel #R5475470020)in accord with UDC 11-3A-6. 1.1.8 All common driveways proposed on the site shall comply with the standards listed in UDC 11- 6C-3D. 1.1.9 Prior to recordation of the final plat phase that contains the Morgan home (Lot 1918, Block 2) and abutting lots, the existing structure located on proposed Lots 25-2722-23, Block 2 shall be removed as it does not comply with the setback requirements of the R-4 district. The structure may remain if incorporated into Lot 1918, Block 2 with the existing home; however, the lot shall not have street frontage on two streets that create a “through” lot. 1.1.10 Prior to recordation of the final plat phase that contains the Allen home (Lot 48, Block 3), the existing accessory structure that encroaches within Lots 8 and 9, Block 3 shall be removed as it does not comply with the setback requirements of the R-4 district; or, the structure may be reduced in size to comply with the setback requirements; or, the adjacent lots adjusted so that the structure complies with setback requirements. The structure may remain if incorporated into Lot 4, Block 3 with the existing home; however, the lot shall not have street frontage on two streets that create a “through” lot. 1.1.11 The temporary 6-foot tall vinyl fence depicted on the landscape plan on the Morgan property does not comply with the setback requirements listed in UDC 11-3A-7C and shall be removed or relocated in accord with UDC standards prior to City Engineer signature on the final plat for that phase of development. 1.1.12 The private road easement for Martinel Lane (in favor of Lots 1 and 3, Block 1) and the common access easement to Eagle Road for Lot 1 depicted on the plat for Martinel Subdivision shall be vacated prior to City Engineer signature on the final plat for the associated phase of development. 1.1.13 Building height is restricted to single-story on Lot 5, Block 2 and a single-story or single-story with a bonus room with no bonus rooms on Lots 3, 4 and 6, Block 2 per the terms specified in the Memorandum of Understanding between the developer and the Shoemaker’s and Lots 33-36 and 38-41, Block 1 adjacent to Mr. Taylor’s property (#R5475470020) if agreed to by the applicant (to confirm at Council meeting). Per the Memorandum of Understanding, if a single level with upstairs bonus room is constructed, the following shall apply: 1) Upstairs square footage shall be contained within the attic space of the first level; 2) Bonus room square footage shall face the front of the home with windows and/or dormers also only located on front of home; and 3) All dormers and windows on back of home must be designed for the first floor only. EXHIBIT A - 12 - 1.1.14 The developer shall provide a 16-foot wide privacy gated and access to the subdivision for the Taylor property (#R5475470020) if agreed to by the applicant.; relocate the northern stretch of the irrigation ditch located on the Taylor & Morgan properties to completely on the Taylor property & construct a concrete ditch; relocate the Taylor’s existing fence to the west side of the relocated ditch; and building height shall be restricted to a single-story on Lots 33-36 and 38-41, Block 1, per the terms of the Memorandum of Understanding (and first amendment) between the developer and the Taylor’s and the Morgan’s. 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 11-2A-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. 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. EXHIBIT A - 13 - 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 With the previous Nesting Swan development application, proposed modifications to the Public Works Department’s 2010 Sanitary Sewer Master Plan, and as a result an analysis was conducted by the Public Works Department’s consultants, J-U-B Engineers, Inc., to determine the efficacy of that proposal. A Technical Memorandum was supplied to the Public Works Department by J - U-B that details six separate Scenarios for service to the area and routing, and of those six Scenarios, the Public Works Department has selected a combination of Scenarios 5 and 6. A copy of the J-U-B Technical Memorandum has been included as Exhibit #6 herein. The applicant shall be required to design and construct the sanitary sewer systems serving this development accordingly. 2.1.2 Water service to this development is master planned to come from mains in South Eagle Road and E. Amity Road. The applicant shall be required to connect the internal mains to the existing water main in S. Eagle Road, parallel to the proposed sewer main near the corner of S. Palatino Avenue and E. Taormina Street. These mains shall be centered in a 30-foot wide common lot with a blanket easement for water and sewer. EXHIBIT A - 14 - 2.1.3 Applicant shall also be required to stub an 8-inch diameter water main to the east boundary through Lot 12, Block 2. This main shall be centered in a 20-foot wide easement. 2.1.4 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 2.2 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, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. EXHIBIT A - 15 - 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 lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by EXHIBIT A - 16 - 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 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 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. 4.2 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. 4.3 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. 4.4 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. 4.5 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. EXHIBIT A - 17 - 4.9 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 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. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARK’S DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 5-foot wide detached concrete sidewalk on Amity Road located a minimum of 31-feet from centerline abutting the site. The sidewalk should taper on the west end of the property keeping the back edge of walk 2-feet from the property line. 7.1.2 Widen the pavement on Amity Road to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulders abutting the site. 7.1.3 Dedicate right-of-way on Eagle Road to total 48-feet from the centerline where it does not currently exist. 7.1.4 Construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the site located a minimum of 42-feet from the centerline of Eagle Road abutting the site. Taper the sidewalk on the south end of the property to retain the back edge of walk 2-feet from the property line. 7.1.5 Widen the pavement on Eagle Road to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulders abutting the site. 7.1.6 Construct the southern portion of Martinel Avenue (from Amity Road north for approximately 600-feet) as a 33-foot street section with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 50-feet of right-of-way meets District policy and should be approved, as proposed. The right-of-way for Martinel Avenue should extend to the site’s east property line abutting the Diamond View Assisted Living facility (3570 E. Amity Road). 7.1.7 Construct Martinel Avenue to intersect Amity Road approximately 253-feet west of the existing driveway for Diamond View Assisted Living. 7.1.8 Construct the northern portion of Martinel Avenue as ½ of a 33-foot street section with rolled curb, gutter and a 5-foot wide attached concrete sidewalk on the east side, and 12-feet of pavement, a 3-foot wide gravel shoulder, and borrow ditch on the west side. The right-of-way should extend from 2-feet behind the back of the sidewalk, west to the property line with 4606 S. Eagle Road. 7.1.9 Construct Taormina Street as ½ of a 33-foot street section with rolled curb, gutter and a 5-foot wide attached concrete sidewalk on the south side, and a minimum of 12-feet of pavement, 3-foot wide gravel shoulder and a borrow ditch on the north side. The right-of-way should extend from 2-feet behind the back of the sidewalk, north to the property line with 4606 S. Eagle Road. EXHIBIT A - 18 - 7.1.10 Construct all other internal streets as 33-foot street sections, complete with rolled curb, gutter, and 5-foot wide attached concrete sidewalks within a minimum of 47-feet of right-of-way (OR 46-feet of right-of-way and a 6-inch easement beyond the right-of-way on both sides, totaling 2- feet beyond the back edge of sidewalk). Provide written approval for use of the reduced street section from the Meridian Fire Department. 7.1.11 Construct the terminus of Tindaris Court, Merrivale Place and Santo Stefano Street as cul-de-sacs with a minimum turning radius of 45-feet. 7.1.12 Construct one stub street to the north, Martinel Avenue, located at the sites northernmost property line. The stub street is to be aligned with a previously approved stub street as part of Shelburne Subdivision. If the stub street in Shelburne Subdivision is constructed before this site is final platted, then the applicant should extend the stub street into the site. If the stub street has not been constructed then the applicant should be required to install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.13 Construct a stub street (Palatino Ave.) to the southwest corner of the site, stubbing south to 3290 E. Amity Road. Construct a temporary turnaround at the terminus of the stub street and install a sign at the terminus stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.14 Payment of impacts fees are due prior to issuance of a building permit. 7.1.15 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 - 19 - 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 - 20 - C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for 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; Based on comments provided by public service providers (i.e., Police, Fire, ACHD, etc.), the City Council determines there is public financial capability of supporting services for the proposed development (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 is not aware of any health, safety, or environmental problems associated with development of this site. ACHD considers road safety issues in their analysis. Based on testimony provided at the public hearing, the City Council determined that the proposed development will not be detrimental to the public health, safety or general welfare. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance.