Bach Subdivision H-2015-0044 (order)BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A COMBINED
PRELIMINARY AND FINAL PLAT
CONSISTING OF TWO (2)
BUILDING LOTS ON FOURTEEN
(14) ACRES OF LAND IN THE R-40
AND C -G ZONING DISTRICTS
FOR BACH SUBDIVISION.
BY: REGENCY AT RIVER
VALLEY,LLC
APPLICANT
HEARING DATE: APRIL 19, 2016
CASE NO. H-2015-0044
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on April 19, 2016 for final plat approval
pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING BACH SUBDIVISION, LOCATED IN A
PORTION OF THE SOUTHWEST'/4 OF THE NORTHWEST/40F SECTION
4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE:
12/07/15, KELLY KEHRER, PLS, SHEET 1 OF 3," is conditionally approved
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BACH SUBDIVISION (H-2016-0044)
Page 1 of 3
subject to those conditions of Staff as set forth in the staff report to the Mayor and
City Council from the Planning and Development Services divisions of the
Community Development Department dated April 19, 2016, a true and correct
copy of which is attached hereto marked "Exhibit A" and by this reference
incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
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.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BACH SUBDIVISION (H-2016-0044)
Page 2 of 3
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the day of
(xo , 2016.
Attest:
pqucTam eerd
yor, ' y of Meridian
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: Dated: S �� b I
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BACH SUBDIVISION (H-2016-0044)
Page 3 of 3
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 1
STAFF REPORT
HEARING DATE: April 19, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Bach Subdivision (aka Regency at River Valley) – PFP (H-2015-0044)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, The Regency at River Valley, LLC, has submitted an application for a combined
preliminary and final plat (PFP) consisting of 2 building lots on 14 acres of land in the R-40 and C-G
zoning districts for Bach Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PFP application based on the Findings of Fact and
Conclusions of Law in Exhibit C of this report.
The Meridian Planning & Zoning Commission heard these items on March 17, 2016. At the
public hearing, the Commission moved to recommend approval of the subject PFP request to
City Council.
a. Summary of Commission Public Hearing:
i. In favor: James McLaughlin
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
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 Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on April 19, 2016. At the public hearing, the
Council approved the subject PFP request.
a. Summary of City Council Public Hearing:
i. In favor: James McLaughlin, Bach Homes
ii. In opposition: None
iii. Commenting: Steve Smylie; Justin Lucas, ACHD
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Caleb Hood
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 2
b. Key issue(s) of Public Testimony:
i. Concern regarding an adequate landscape buffer and sound barrier between the
proposed 4-story structures and the adjacent single-story homes in the adjacent
development to the east; and traffic generated from the development.
c. Key Issues of Discussion by Council:
i. Timing of the construction of Records Avenue.
d. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0044, as presented in the staff report for the hearing date of April 19, 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-2016-0044,
as presented during the hearing on April 19, 2016, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0044 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 3400 E. River Valley Street, in the NW ¼ of Section 4, Township 3 North,
Range 1 East. (Parcel No. S1104233940)
B. Applicant:
The Regency at River Valley, LLC
11650 S. State St., Ste. 300
Draper, UT 84020
C. Owner:
Same as Applicant
D. Representative:
Kelly Kehrer, KM Engineering, LLP
9233 W. State St.
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a combined preliminary and final plat. A public hearing is required
before the Planning & Zoning Commission and City Council, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: February 29 and March 14, 2016 (Commission); February
29 and March 14, 2016 (City Council)
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 3
C. Radius notices mailed to properties within 300 feet on: February 26, 2016 (Commission);
February 26, 2016 (City Council)
D. Applicant posted notice on site(s) on: March 4, 2016 (Commission); April 5, 2016 (City Council)
VI. LAND USE
A. Existing Land Use(s): The southern portion of this site has been developed with multi-family
apartments, zoned R-40; and the northern portion of the site has also been approved to develop
with apartments but construction has not yet commenced, zoned R-40.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant/undeveloped land approved for apartments (Village Apartments), zoned C-G
South: E. River Valley Street and commercial uses in The Village shopping center, zoned C-G
East: Single-family residential properties (Redfeather Estates), zoned R-4
West: Retail store, restaurant, and vacant properties, zoned C-G, RUT in Ada County, and C-C
C. History of Previous Actions:
• The northeast portion of this site has received the following approvals:
Annexation and zoning (AZ-03-021) with a C-G zoning district and a development
agreement (Inst. #104129529);
Conditional use permit (CUP-14-001) for a multi-family development consisting of 96
dwelling units on 3.52 acres of land in a C-G zoning district for Phase 2 of Regency at River
Valley; and
Property boundary adjustment (PBA-14-005) which shifted the northern boundary of the
property to the north to include additional property purchased for Phase 2.
• The southwest portion of this site has received the following approvals:
Annexation and zoning (AZ-08-003) of 12.06 acres of land with an R-40 zoning district
and a development agreement recorded as Instrument No. 108131099;
Conditional use permit (CUP-08-004) for a multi-family development consisting of 204
units in the R-40 zoning district on 10.56 acres of land;
Variance (VAR-08-002) to UDC Table 11-3C-6 for a reduction in the number of covered
parking spaces required for multi-family dwellings on the southern portion of the site; and
Private Streets (PS-08-004) for addressing purposes on the southern portion of the site.
• In 2010, a modification to the conditional use permit (MCU-10-001) was approved to modify
the site plan, landscape plan, building elevations and certain condition of approval of CUP-
08-004;
• In 2010, a modification to the development agreement (MDA-10-008) was approved to
modify the site plan, landscape plan, building elevations and certain provision of the
agreement, recorded as Instrument No. 111022580 & 111067113;
C. Utilities:
1. Location of sewer: The city currently owns and maintains sanitary sewer mains directly
adjacent to the proposed development.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 4
2. Location of water: The city currently owns and maintains water mains directly adjacent to
the proposed development.
3. Issues or concerns: The applicant shall be responsible for the installation of additional water
and sewer services to the project.
D. Physical Features:
1. Canals/Ditches Irrigation: There are not any open waterways on this site; the Finch Lateral
(aka South Slough) runs through this site but has been piped.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed Use –
Regional (MU-R). The purpose of this designation is to provide a mix of employment, retail, and
residential dwellings and public uses near major arterial intersections. The intent is to integrate a
variety of uses together, including residential, and to avoid predominantly single use developments
such as a regional retail center with only restaurants and other commercial uses. Developments should
be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an
employment center should have support retail uses; a retail center should have supporting residential
uses as well as support retail uses; a retail center should have supporting residential uses as well as
supportive neighborhood and community services. The standards for the MU-R designation provide
an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate
mix to the developments. The developments are encouraged to be designed according to the
conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan.
The subject property is located in close proximity to N. Eagle Road/SH-55, at the mid-mile between
E. Fairview Avenue and E. Ustick Road, both major arterial intersections. The multi-family
development will integrate with existing and future single-family and multi-family housing, retail,
restaurant and commercial uses in the area and support these uses. The site is located kitty corner to
Kleiner Park and The Village shopping center which provide a regional draw to this area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics ):
• “Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
The multi-family residential development will contribute to the variety of housing types
available for rent within this part of the City.
• “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 sewer and water services are available to be extended to the subject property with
development of the site.
• “Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)
A 20-foot wide landscaped street buffer is required along N. Record Avenue, a collector
street; a 40’+/- street buffer already exists along E. River Valley Street in accord with UDC
standards.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 5
• “Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The multi-family residential development should be compatible with existing and future multi-
family and single-family residential uses to the north and east.
• “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
There is an existing access for the site via E. River Valley Street, a collector street; and one
access proposed via N. Records Avenue, a collector street, along the east boundary of the
site. A cross-access easement was required to be provided to the property to the north for
interconnectivity with CUP-14-001.
• “Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares.” (3.07.02, pg. 55)
The multi-family development is located near a major access thoroughfare (N. Eagle
Road/SH-55, E. Ustick Road and E. Fairview Avenue) and is within walking distance of
Kleiner Park, a 60 acre City Park kitty corner to this site and The Village at Meridian
shopping center to the south.
• “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 apartments will contribute to the variety of residential housing options and
rental prices available within the City.
• “Provide housing options close to employment and shopping centers.” (3.07.02D)
This site is located along a major retail/commercial corridor (Eagle Road/SH-55) within the
City. High density residential development is desired in this area to support the employment
and retail/restaurant/commercial uses.
For the above reasons, staff believes the proposed development is consistent with the policies and
goals of the Comprehensive Plan and will be an integral part of the MU-R designated area.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone:
1. 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. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. 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.
2. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and
service needs of the community in accordance with the Meridian Comprehensive Plan. Six
(6) districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
Properties within the C-G district are typically in close proximity and/or have access to
interstate or arterial intersections. Allowed uses are the largest scale and broadest mix of
retail, office, service, and light industrial uses.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 6
B. Schedule of Use:
1. Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional,
and prohibited uses in the R-40 zoning district. Multi-family developments are listed as a
conditional use in the R-40 zoning district.
2. Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional,
and prohibited uses in the C-G zoning district. Multi-family developments are listed as a
conditional use in the C-G zoning district.
Note: Previous conditional use permits (CUP-08-004 and CUP-14-001) were approved for a
multi-family development on this site.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40
zoning district and UDC Table 11-2B-3 for the C-G zoning district apply to development of this
site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
PRELIMINARY /F INAL PLAT (PFP): A combined preliminary and final plat is proposed consisting
of 2 building lots on 14 acres of land in the R-40 and C-G zoning districts for Bach Subdivision
(see Exhibit A.2).
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and Table 11-
2B-3 for the C-G zoning district and found the plat in compliance with those standards. Future
construction on these lots shall also be consistent with those standards.
Access: Access to streets should comply with the standards listed in UDC 11-3A-3. One access
exists to the site via E. River Valley St. and one access exists via N. Records Avenue. The access
via River Valley is proposed to shift to the north side of the South Slough with the proposed plat.
Interconnectivity is proposed between Lots 1 and 2; a cross-access easement should be
depicted on the plat or via a separate recorded easement. Local street access is not available
to this property.
A cross-access easement was required with CUP-14-001 to be provided to the property to
the north (Parcel #S1104233710) for interconnectivity. A recorded copy of this easement
should be submitted with the final plat application; or, an easement should be depicted on
the face of the final plat.
Traffic Impact Study (TIS): ACHD did not require a TIS for this development.
Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Table 11-
2B-3 along N. Records Avenue, a future collector street in accord with the standards listed in
UDC 11-3B-7C.
A landscaped street buffer already exists along E. River Valley Street and along Records within
the R-40 district in accord with UDC standards. Street buffers within residential districts are
required to be in a common lot maintained by the homeowner’s association per UDC 11-3B-
7C.2a. Street buffers within commercial districts are required to be in a common lot or on a
permanent dedicated buffer maintained by the property owner or business owner’s association per
UDC 11-3B-7C.2b. The plat should be revised accordingly.
The buffer required along Records Avenue is required to have a total of 15 trees (1 per 35 lineal
feet) – only 12 are proposed; three additional trees should be provided. Although trees may not be
planted within the irrigation easement, the area is included in the street frontage calculation.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 7
Open Space & Site Amenities: Common open space and site amenities are required to be
provided for multi-family developments in residential districts that are 5 acres or more in size as
set forth in UDC 11-3G-3.
Because the R-15 zoned portion of this site (Lot 1) consists of 10.4+/- acres, a minimum of 1 acre
of qualified open space is required to be provided in addition to that required by UDC 11-4-3-
27C; and a minimum of one qualified site amenity is required to be provided in accord with the
standards listed in UDC 11-3G-3C, in addition to those required in UDC 11-4-3-27D.
Staff has reviewed the previous approvals (CUP-08-004 and CUP-14-001) for this project and
determined the amount of open space and site amenities provided within this development
complies with UDC standards.
Multi-Use Pathway: A segment of the City’s multi-use pathway extends from the pathway along
E. River Valley Street through the site to the north boundary. No other pathways are planned for
this site.
Fencing: A 6-foot tall vinyl fence is depicted on the landscape plan for this site. All new fencing
should comply with the standards listed in UDC 11-3A-7.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. A detached sidewalk/pathway already exists along E. River Valley
Street; a 5-foot wide detached sidewalk is required to be constructed along N. Records Avenue, a
future collector street as depicted on the landscape plan.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Building Elevations: Conceptual building elevations were approved with CUP-14-001 for the
second phase of development proposed on the northeast portion of this site. The first phase has
already been constructed.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application prior to construction of the multi-family structures approved
with CUP-14-001 on the northeast portion of this site to ensure all construction and site
improvements comply with the conditions in this report, previous conditions of approval, and the
provisions of the UDC, per UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site
layout and design of all structures on the site is required to be consistent with that approved with
CUP-14-001, the design standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 8
2. Preliminary Plat (dated: 12/7/15)
3. Final Plat (dated: 12/7/15)
4. Landscape Plan (date: 4/6/15)
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 9
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 10
Exhibit A.2: Preliminary Plat (dated: 12/7/15)
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 11
Exhibit A.3: Final Plat (dated: 12/7/15)
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 12
Exhibit A.4: Landscape Plan (dated: 2/10/16)
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 13
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 14
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Development of the site shall substantially comply with the preliminary and final plat included in
Exhibit A, the conditions in this report and all previous conditions of approval and development
agreement provisions.
1.1.2 The final plat included in Exhibit A.3, dated 12/7/15, shall be revised as follows:
a. A cross-access easement shall be depicted on the plat between Lots 1 and 2.
b. A cross-access easement shall be depicted to the property to the north (Parcel #S1104233710)
as required with CUP-14-001 for interconnectivity; or, a separate recorded easement shall be
submitted with the final plat application.
c. The street buffers along E. River Valley Street and N. Records Way within the R-15 zoning
district are required to be in a common lot maintained by the homeowner’s association per UDC
11-3B-7C.2a.
d. The street buffer along N. Records Way within the C-G zoning district is required to be in a
common lot or on a permanent dedicated buffer maintained by the property owner or business
owner’s association per UDC 11-3B-7C.2b.
1.1.3 Once the driveway access via N. Records Way is constructed on Lot 2, the existing driveway
access via N. Records Way to the south on Lot 1 shall be removed.
1.1.4 The landscape plan included in Exhibit A.4, dated 2/10/16, shall be revised as follows:
a. A minimum of 15 trees shall be provided within the street buffer along N. Records Avenue.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
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.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.10 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.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 15
1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Architectural Standards Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 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.
1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
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 submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application for the future multi-family dwellings in Phase 2 on Lot 2 from the Planning
Division, prior to submittal of any building permit applications.
1.4.3 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.
1.4.4 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 of the approval of this combined
preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7.
1.4.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the
approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A.
1.4.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.7 The property owner shall sign the amended development agreement and return such to the City
within two years of the Council granting this development agreement modification request as set
forth in UDC 11-5B-3D2; or, prior to submittal of the Certificate of Zoning Compliance
application(s) for the dwellings on this site.
1.4.8 The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 16
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall be responsible for the installation of additional water and sewer services to the
subject development.
2.1.2 A street light plan will need to be included in the civil construction plans. 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, 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.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 17
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 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.
2.2.22 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
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 18
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. FIRE DEPARTMENT
3.1 Provide cross-access as proposed between Lots 1 and 2.
4. POLICE DEPARTMENT
4.1 The Police Department has no comment on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comment on this application.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
This is a staff level approval of a preliminary plat for Bach Subdivision (H-2015-0044).
On May 7, 2008 and on June 13, 2014 the Ada County Highway District reviewed and
approved this site as Regency at River Valley Phases 1 and 2. The District had site
specific requirements related to those applications and the construction of public streets
and driveways to access the site. The requirements of Regency at River Valley Phase 1
have been met, however, the requirements of Phase 2 have not.
Because of this the applicant will either need to construct the street improvements for
Records Way, as noted in the staff report below. Or obtain plan approval and provide a
surety prior to signature on the final plat for Bach Subdivision.
The applicant will be required to pay all applicable platting and review fees prior to final approval.
7.1 Site Specific Conditions of Approval
7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road (SH-55) frontage.
Submit to the District a letter from ITD regarding said requirements prior to District approval of
the final plat or issuance of a building permit (or other required permits), whichever occurs first.
Contact the District III Traffic Engineer at 334-8340.
7.1.2 In the right-of-way to be provided by the development to the south, construct the portion of River
Valley Street abutting the site’s south property line as a half street section with a minimum 24-
feet of pavement, vertical curb and gutter on the north side, and a 3-foot gravel shoulder with a
barrow ditch on the south side of the roadway.
7.1.3 Dedicate a minimum of 40-feet of right-of-way from the east property line out to Eagle Road for
the construction of River Valley Street prior to plans approval or issuance of a building permit.
7.1.4 Construct a 10-foot wide multiuse pathway along the south boundary of the site, inside a public
sidewalk easement, north of and parallel to River Valley Street. Pipe the Stokesberry Lateral
wherever it runs between the path and the River Valley Street right-of-way. If any portion of the
path lies within an irrigation easement, the sidewalk easement shall be recorded prior to the
irrigation easement.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 19
7.1.5 In the right-of-way to be provided by the development to the south, construct the portion of River
Valley Street between the site’s southwest corner and Eagle Road as an off-site street
improvement, with a minimum of 24-feet of pavement and minimum 3-foot gravel shoulders and
borrow ditches on either side.
7.1.6 Provide ACHD with a road trust deposit for one-eighth of the cost of installing a traffic signal and
full intersection improvements at Eagle Road / River Valley Street.
7.1.7 Construct Allys Avenue intersecting River Valley Street at the east property line as a complete
collector street section with vertical curb, gutter, and 7-foot attached concrete sidewalk. Extend
the section from River Valley Street to the south easement line of South Slough irrigation ditch.
7.1.8 Dedicate 64-feet of right-of-way containing the constructed portion of Allys Avenue by means of
recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of-way dedication after receipt of all requested material.
7.1.9 Construct an emergency access on Allys Avenue approximately 140-feet north of River Valley
Road. Install a restrictive device to allow emergency access only (i.e. gates, bollards, etc.) to be
approved by the Fire Department
7.1.10 To accommodate the extension of Allys Avenue across the South Slough irrigation ditch, either:
a. Provide ACHD with a road trust deposit for one-half of the cost of constructing the
crossing of the South Slough irrigation ditch at the northern terminus of Ally’s Avenue, or
b. Construct a bridge over South Slough and extend Ally’s Avenue as a full collector street
section to the north bank. One-half the cost of the bridge construction may be used to offset
the road trust deposit required in condition 6 for the signalization of the Eagle Road/River
Valley Street intersection.
7.1.11 Locate the western driveway on River Valley Street no closer than 500-feet east the centerline of
Eagle Road. Construct it as a curb return with minimum 15-foot radii, 46-feet wide (back-of curb
to back-of-curb) with a center island, and paved its entire width and at least 30-feet into the site
7.1.12 Locate the eastern driveway on River Valley Street no closer than 175-feet from the western
driveway or the intersection of Allys Avenue (near-edge to near-edge). Construct it as a curb
return with minimum 15-foot radii, to be no greater than 36-feet wide (back-of curb to back-of-
curb), and paved its entire width and at least 30-feet into the site.
7.1.13 Coordinate all germane design and timeline functions with ITD, ACHD, the adjacent property
owners, and Meridian City concerning the connection and alignment of River Valley Street to
Eagle Road.
7.1.14 Provide access (and all necessary easements) to all adjacent parcels with frontage on Eagle Road
to ensure them future access onto River Valley Street through the site.
7.1.15 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 20
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 Comply with the District’s Tree Planter Width Interim Policy.
7.2.6 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.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 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 (1-800-342-1585) 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.
7.2.12 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 the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
EXHIBIT A
Bach Subdivision – PFP H-2016-0044 PAGE 21
C. Required Findings from Unified Development Code
1. PRELIMINARY PLAT :
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 have already been provided to the first
phase and will be provided by the developer to the second phase 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 from the public service providers (i.e., Police, Fire, ACHD, etc.), the
City Council determines there is public financial capability of supporting services for this
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 the platting of this property. ACHD considers road safety issues in their analysis.
Based on testimony provided at the public hearing, City Council finds 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 significant natural, scenic or historic features that
exist on this site.