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Kenners Sub H-2016-0018CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW . — AND cv, DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 0.932 Acres of Land with an R-8 Zoning , District; and Preliminary Plat Consisting of eight (8) single-family residential building lots and one (1) common lot on 1.28 acres of land for Kenners Subdivision located east of N. Locust Grove Road on the north of E. Fairview Ave., by Kouba Homes, LLC. Case No(s): H-2016-0018 For the City Council Hearing Date of. May 3, 2016 (Findings on May 17, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 3, 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 of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0018 -I- copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of May 3, 2016, incorporated by reference. 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 annexation and zoning was approved with an R-8 zoning district, with the provisions noted in the Staff Report for the hearing date of May 3, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of May 3, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits 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 'l 1-513-31)). 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). 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 Cleric 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 May 3, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0018 -2- 4 By action of the City Council at its regular meeting held on the day of �Y , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED �P— COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tam Weerd �0"TED n L > Attest: ° tyG rr ti a � layer �t City Clerk °F P YRE ASA6 Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By. - _ Dated:j City Jerk's Office 4 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0018 -3- EXHIBIT A H-2016-0018 Kenners Subdivision 1 STAFF REPORT Hearing Date: May 3, 2016 TO: Mayor and Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0018 – Kenners Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Kouba Homes, LLC, has applied for annexation and zoning (AZ) of 0.932 acres of land with an R-8 zoning designation, and a preliminary plat (PP) consisting of 8 single-family residential building lots and 1 common lot on 1.28 acres of land for Kenners Subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the AZ and PP with the conditions of approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Pat Tealey (Applicant), Robert Dickson ii. In opposition: None iii. Commenting: Susan Chamblee iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Hours of construction ii. Increased traffic c. Key Issues of Discussion by Commission: i. This being a infill piece in an established neighborhood d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on May 3, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Pat Tealey ii. In opposition: David Painter, Diane Pascowitcz, Jennifer Evans iii. Commenting: Robert Higgins, Jody Cain iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Nary EXHIBIT A H-2016-0018 Kenners Subdivision 2 b. Key Issues of Discussion by Council: i. Increased traffic through hthe area with the constructed street section ii. Lot sizes in the R-8 zoning district iii. Parking demands for the neighborhood c. 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- 0018, as presented in the staff report for the hearing date of May 3, 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-2016-0018, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0018 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 east of N. Locust Grove Road on the north of E. Fairview Ave., in the SW ¼ of Section 5, Township 3N., Range 1E. B. Owner/Applicant(s): Kouba Homes, LLC 5637 N. Claret Cup Way Meridian, Idaho 83646 D. Representative: Pat Tealey, Tealey’s Land Surveying 12594 W. Explorer, Ste. 150 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 29, and March 14, 2016 (Commission); April 11 and April 25, 2016 (City Council) C. Notices mailed to property owners within 300 feet on: February 26, 2016 (Commission); April 8, 2016 (City Council) D. Applicant posted notice on site(s) on: March 27, 2016 (Commission); April 23, 2016 (City EXHIBIT A H-2016-0018 Kenners Subdivision 3 Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This subject property consists of vacant land, zoned R-8 and RUT (Ada County). There are existing buildings on the property that will be removed upon development of the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Wingate Place Subdivision No. 2, zoned R-8 2. East: Wingate Place Subdivision No. 2, zoned R-8 3. South: Dove Meadows Subdivision No. 2, zoned R-8 4. West: Mirage Meadows Subdivision, zoned R-4 C. History of Previous Actions:  Parcel # R9467180240 was annexed and zoned in 1993 as Lot 23, Block 1 of Wingate Park Subdivision, an 18.8 acre, 74 lot single family residential subdivision.  In 1996, parcel # R9467180240 was approved with Wingate Subdivision No. 2. D. Utilities: 1. Public Works: a. Location of sewer: An 8-inch diameter sewer main currently exists in a routing through the proposed Lots 1 &2, Block 1. b. Location of water: An 8-inch diameter water main currently exists in a routing through the proposed Lots 1 & 2, block 1. c. Issues or concerns: Applicant shall be required to re-rout the existing water and sewer mains into the proposed roadway extensions of E. Oakcrest Dr. and N. Dixie Ave. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse the subject properties. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The applicant proposes to develop the site with 8 single-family residential lots. The gross density of the proposed plat is 6.25 d.u. per acre with a net density of 8.10 d.u. per acre, which falls within the target density of the MDR designation. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned R-8 and R-4, and this would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan. 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): EXHIBIT A H-2016-0018 Kenners Subdivision 4  “Require that development projects have planned for the provision of all public services.” (6.02.01B) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property.  “Provide housing options close to employment and shopping centers. (3.07.02D) The proposed residential development will provide housing opportunities in close proximity to the commercial areas along E. Fairview Avenue. This area provides for a variety of shopping and employment opportunities.  “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) The extension of E. Oakcrest Drive will provide an extension of the sidewalk from the existing Mirage Meadows Subdivision on the east of the proposed Kenners Subdivision to the existing Wingate Subdivision No. 2 to the north.  “Pursue sidewalk construction for existing substandard streets.” (3.03.02D) The gap in the sidewalk system will be filled with the construction of E. Oakcrest Drive. Currently there is no pedestrian connection to E. Oakcrest Drive from N. Dixie Lane.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The subject property is within the City and urban services are available to be extended to the site.  “Require new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties.” (3.05.02G) Perimeter fencing exists along the majority of the site, however, the applicant will be required to install perimeter fencing where none currently exists as well as to install construction fencing to prevent debris from leaving the site during construction.  “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on vacant lots may be considered if structures are compatible with surrounding development.” (3.07.02I) This proposed infill development with a proposed R-8 zoning designation, is similar in density (gross density 6.25) to the surrounding subdivisions (R-4 and R-8) For the above stated reasons, staff is of the opinion the proposed subdivision is generally consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): 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. 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 proposed R-8 zoning district. EXHIBIT A H-2016-0018 Kenners Subdivision 5 Any use not explicitly listed, or listed as a prohibited use is prohibited. The pr oposed use of the property for single-family dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site must be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation: The applicant has applied to annex and zone a total of 0.932 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is generally consistent with the corresponding FLUM designation of MDR. The applicant proposes to develop eight (8) single-family homes on the site as shown on the preliminary plat in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Because the property is developing consistent with the surrounding properties, staff is not recommending a development agreement with the subject application. Preliminary Plat: The applicant has submitted a concurrent preliminary plat that consists of 8 building lots and 1 common lot on 1.28 acres of land in an R-8 zoning district. The proposed gross density of the subdivision is 6.25 dwelling units per acre with a net density of 8.10 dwelling units per acre, generally consistent with the R-8 zoning district. Note: In 1996, a portion of this property (excluding the one (1) acre parcel # S1105315380) received plat approval as part of Wingate Subdivision No. 2. The subject lot is being re-platted from a single lot into two (2) lots as part of the proposed development. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district and all of the lots comply with these standards. The lots range in size between 5,001 square feet (s.f.) and 6,215 s.f. The average lot size is 5,374 s.f. The proposed plat exceeds the minimum lots size requirements (4,000 s.f.) for the R-8 zoning district. Access: The subdivision will take access from via two (2) existing stub streets, E. Oakcrest Drive, and N. Dixie Ave (see Exhibit A.2). The existing property may have the right to use N. Dixie Lane to access the property. Prior to signature on the final plat, the applicant shall provide proof that any right to access N. Dixie Lane has been relinquished. Common Driveway: Lots 3, 4, 5, and 6 of Block 2 take access from a common driveway. For all lots that take access from a common driveway, an exhibit depicting the setbacks, building envelope and orientation of those lots and structures shall be submitted with a final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway. Landscaping: Five (5) feet of landscaping is required along the north side of the proposed common driveway, adjacent to Lot 15, Block 5 of Wingate Subdivision No. 2, per UDC 11-3B-8. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existi ng surface or well water for the primary source. If a surface or well source is not available, a single - EXHIBIT A H-2016-0018 Kenners Subdivision 6 point connection to the culinary water system shall be required. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly notes that there are no existing trees on the site. Pathway: The subject property abuts a 30-foot wide common lot (Lot 1, Block 6) platted with Wingate Place Subdivision No. 2 on the west boundary. With the development of the storage facility, generally south of the proposed development, a multi-use pathway was constructed along the east boundary of the facility that provides pedestrian connectivity to the Fred Meyer shopping center. Staff is of the opinion that pedestrian connectivity could be enhanced in the area if the applicant constructs a 10-foot asphalt pathway within the abutting common lot (approximately 100 linear feet) (See Exhibit A.2). Staff encourages the applicant to coordinate with the Wingate Place No. 2 HOA on the construction and maintenance of multi-use pathway in Lot 1, Block 6. Open Space: Per UDC 11-3G-2, properties under 5 acres in size are not subject to the open space or amenities requirements on the UDC. Fencing: Perimeter fencing is shown on the submitted site plan or preliminary plat. The applicant should install temporary construction fencing to contain debris around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing shall be installed in accordance with UDC 11-3A-7. Existing Structure(s): There is an existing home and associated outbuildings on the site that will be removed as part of this development. Building Elevations: Kouba Homes plans to construct single-family homes using a variety of styles and materials. (see elevations in Exhibit A.3). Staff is supportive of the elevation proposed with the development of the subdivision. Staff recommends approval of the proposed AZ and PP with the conditions included in Exhibit B. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/01/15) 3. Building Elevations B. Agency & Department Conditions of Approval C. Legal Description & Exhibit Map for Property Proposed for Annexation D. Required Findings from Unified Development Code EXHIBIT A H-2016-0018 Kenners Subdivision 7 EXHIBIT A. Drawings 1. Vicinity Map EXHIBIT A H-2016-0018 Kenners Subdivision 8 2. Proposed Preliminary Plat (dated: 06/01/15) Unimproved common lot owned by Wingate Place No. 2 HOA EXHIBIT A H-2016-0018 Kenners Subdivision 9 EXHIBIT A H-2016-0018 Kenners Subdivision 10 4. Building Elevations EXHIBIT A H-2016-0018 Kenners Subdivision 11 EXHIBIT B - AGENCY & DEPARTMENT CONDITIONS OF APPROVAL 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat prepared by Tealey’s Land Surveying, dated 06/01/15, is approved with the following changes: a) Per UDC 11-3B-8 the applicant shall install Five (5) feet of landscaping along the north side of the proposed common driveway (Lot 7, Block 2), adjacent to Lot 15, Block 5 of Wingate Subdivision No. 2. 1.1.2 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A. 1.1.3 The applicant shall provide written documentation from the Wingate Place No. 2 HOA for the construction and maintenance of multi-use pathway in Lot 1, Block 6 of Wingate Place No. 2. with the submittal of the final plat application. 1.1.4 Prior to signature on the final plat, the applicant shall provide proof that any right to access N. Dixie Lane has been relinquished. 1.1.5 The existing structure shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Tables 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 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 storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.8 For all lots that take access from a common driveway, an exhibit depicting the setbacks, building envelope and orientation of those lots and structures shall be submitted with a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway. 1.2.9 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. 1.2.10 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. 1.2.11 Staff’s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. EXHIBIT A H-2016-0018 Kenners Subdivision 12 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 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (Wingate Park Subdivision (PP), Wingate Subdivision No. 2 (FP)). 1.3.3 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. 1.3.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.5 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. 1.3.6 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with UDC 11-3A-7. 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 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be required to re-rout the existing water and sewer mains into the proposed roadway extensions of E. Oakcrest Dr. and N. Dixie Ave. 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 EXHIBIT A H-2016-0018 Kenners Subdivision 13 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. 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. EXHIBIT A H-2016-0018 Kenners Subdivision 14 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 owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department did not provide comments on this application. 4. FIRE DEPARTMENT 4.1 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. EXHIBIT A H-2016-0018 Kenners Subdivision 15 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. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.4 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 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 The trash receptacles from Lots 3, 4, 5 and 6, Block 2 need to be moved to the street to be serviced. 6. PARKS DEPARTMENT 6.1 The Parks Department did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments from ACHD have not yet been received. EXHIBIT A H-2016-0018 Kenners Subdivision 16 EXHIBIT C. Legal Description & Exhibit Map for Property Proposed for Annexation EXHIBIT A H-2016-0018 Kenners Subdivision 17 EXHIBIT A H-2016-0018 Kenners Subdivision 18 EXHIBIT D. Required Findings from Unified Development Code 1. ANNEXATION: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed annexation of 0.932 of acre of land with an R-8 zoning district is consistent with the MDR future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed R-8 zoning district and proposed residential use of the property is consistent with the purpose statement of the residential districts in that it will provide for the residential needs of the community in accord with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds annexing this property with R-8 zoning district is in the best interest of the City, as the property will be able to develop with residential uses consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2. 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 and is consistent with this Unified Development Code; Council finds that the proposed plat is in substantial conformance with the adopted Comprehensive Plan. Staff supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available and will continue to be provided to the subject property. See Exhibit B of the Staff Report for more details from public service providers. EXHIBIT A H-2016-0018 Kenners Subdivision 19 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 developer at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided in this report, Council finds there is public financial capability of supporting services for the proposed development. See Exhibit B for more information. e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considered all public testimony that was presented when making their determination as to whether or not the proposed subdivision would cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council does not find there are any significant natural, scenic or historic features that will be lost with development of the site.