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Third Street Square H-2016-0031CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0031 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Preliminary Plat approval consisting of seven (7) residential building lots and one (1) common lot on 1.737 acres of land for Third Street Square Subdivision located on the east side of NE 3rd Street, north of E. Franklin Road and south of E. Bower Street, by Trenten Seltzer. Case No(s). H-2016-0031 For the City Council Hearing Date of: June 7, 2016 (Findings on June 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 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-2016-0031 - 2 - 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 June 7, 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 a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of June 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of six (6) months Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). 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 six (6) month approval period (UDC 11-5B-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 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 June 7, 2016 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 i COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED__�4� COUNCIL MEMBER TY PALMER VOTED 2S COUNCIL MEMBER LUKE CAVENER VOTED __S COUNCIL MEMBER GENESIS MILAM _f MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T& de Weerd Attest: o __ C Jacy Jones IDjAlV City Clerk "�� SICq O L d of rha rREASO 1. ,_ Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: (p City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0031 -3- Exhibit A Third Street Square Subdivision – H-2016-0031 PAGE 1 STAFF REPORT Hearing Date: June 7, 2016 (Continued from April 21 and May 24, 2016) TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0031 – Third Street Square Subdivision - PP I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trenten Seltzer, has submitted an application for a preliminary plat (PP) consisting of seven (7) building lots and one (1) common lot on 1.737 acres of land in the O-T zoning district for Third Street Square Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on April 21, 2016. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Zoning requests. a. Summary of Commission Public Hearing: i. In favor: Penelope Riley ii. In opposition: Al Fleming, Patricia Yost iii. Commenting: Al Fleming, Patricia Yost iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Concerns about the limited access to the apartment development. ii. Concerns about continued supply of irrigation water to the surrounding properties. iii. Pedestrian safety entering the apartment complex. iv. Splitting of the lots into individual parcels v. Maintenance of the buildings and who will maintain the property vi. The requirement to provide cross-access to the surrounding parcels for future connectivity. vii. Adequate parking for the apartments. c. Key Issues of Discussion by Commission: i. The HOA for the apartments should maintain the irrigation facility. ii. Ensuring that the color schemed for the apartments are consistent with the surrounding neighborhood. d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.6 (See condition 1.1.6) e. Outstanding Issue(s) for City Council: i. None Exhibit A Third Street Square Subdivision – H-2016-0031 PAGE 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0031, as presented in the staff report for the hearing date of April 21, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0031, as presented during the hearing on April 21, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0031 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the east side of NE. 3rd Street, north Franklin Road (parcel #R1042150863), in the SW ¼ of Section 7, Township 3N., Range 1E. B. Applicant/Owner: Trenten Seltzer 3072 Wildflower Drive Encinitas, CA 92024 C. Representative: Penelope Riley, Riley Planning Services P.O. Box 405 Boise, Idaho 83701 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 4 and April 18, 2016 (Commission) May 2 and May 18, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: March 31, 2016 (Commission) April 28, 2016 (Council) D. Applicant posted notice on site(s) on: April 11, 2016 (Commission) May 13, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of vacant undeveloped land, zoned O-T. The multi-family units are currently under construction on the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Exhibit A Third Street Square Subdivision – H-2016-0031 PAGE 3 North: Single-family residential, zoned O-T West: NE 3rd Street and Single-family residences zoned O-T South: Single-family residential property, zoned O-T East: Developed industrial properties, zoned I-L C. History of Previous Actions:  In 2015, the subject property was granted certificate of zoning compliance and design review approval (A-2015-0034, Third Street Square Apartments) to construct 7 buildings with a total of 28 units. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in NE 3rd. Street. 2. Location of water: A water main intended to provide service to the subject site currently exists in NE 3rd. Street. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM). Per the Comprehensive Plan, “This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more information on Destination Downtown.” The site is currently developing with a seven (7) multi-family buildings, totaling 28 units which is a desired use in the Old Town designation. 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):  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Landscaping and fencing for the site was as approved as part of the CZC approval (A-2015- 0090) in accord with the multi-family standards set forth in UDC 11-4-3-27. Exhibit A Third Street Square Subdivision – H-2016-0031 PAGE 4  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed subdivision is adjacent to single-family residences to the north, south and west and industrial uses to the east. A 10-foot wide landscape buffer and 6’ tall vinyl fence is required to be constructed with the multi-family development however; the O-T zone does not require the approved multi-family development to buffer the adjacent industrial use.  “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 applicant upon development of the site in accord with UDC 11-3A-21.  “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 multi-family development will contribute to the variety of housing options in this area.  Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) One connection is proposed to third street, and the applicant is required to record a cross- access easement to parcel #(s) R1042150852, R1042150870 and R1042150856 to enhance connectivity once these parcels are developed.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One access is approved to NE 3rd Street (a designated collector street).  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed within the parking area landscaped in accord with the standards listed in UDC 11-3B-8C.  “Improve ingress and egress (both pedestrian and vehicle) in Old Town.” (3.03.01C) Vehicular and pedestrian access is proposed to the site and staff has approved alternative compliance to allow for a sidewalk on the north side of the dive aisle to enhance pedestrian connectivity. Staff has also required the applicant to provide cross-access with several adjacent properties. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the O-T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. Exhibit A Third Street Square Subdivision – H-2016-0031 PAGE 5 B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the permitted, accessory, conditional, and prohibited uses in the O-T zoning district. The multi-family development is a principally permitted use in the O-T zone subject to the specific use standards set forth in UDC 11-4-3-27. C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O-T zoning district applies to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and UDC 11-4-3-27 apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat The proposed plat consists of 7 building lots, and 1 common lot on 1.737 acres of land in the O-T zoning district. The property has received approved to develop with a 28 unit multi-family development. The multi-family development was approved in 2015 (CZC# A-2015-0090), and conforms to the dimensional standards of the O-T zoning district and the standards set forth in UDC 11-4-3-27. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2D-4 for the O-T district. Staff has reviewed the proposed plat and found it to be in compliance with these standards. Traffic Impact Study (TIS): ACHD did not require a TIS for this development. Access: Access to this site is proposed via an existing access from NE 3rd Street. Cross access agreements are required to be in place to parcels #(s) R1042150852, R1042150870 and R1042150856 prior to certificate of occupancy of the first structure on the site. With the final application, the applicant shall provide the recorded copy of the cross access agreement or add a note on the face of the plat the designates Lot 1, Block 1with a blanket cross access/shared parking area for the proposed development and to the adjacent parcels noted above. Sidewalks: As part of the certificate of zoning compliance application in 2015 (A-2015-0090), the applicant has been approved to install a 5-foot sidewalk along the north side of the drive aisle. A 5-foot wide detached sidewalk is required to be installed along the NE 3rd Street. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. A street light plan will need to be submitted to the Community Development Department. The plan will need to include a type 2 light at the subdivision entrance on 3rd street. This light will need to be metered. 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 Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. A note on the plat states that all storm drainage will be retained on-site. Floodplain: This site does not lie within the floodplain. Exhibit A Third Street Square Subdivision – H-2016-0031 PAGE 6 Amenities: UDC 11-4-3-27 requires multi-family developments between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided, one from each category. Amenities for the proposed development will consist of a clubhouse, a community garden and a children’s play structure. These amenities meet the requirements of the UDC. Landscaping: The landscape plan approved with A-2015-0090, prepared by TTKLA, PLLC, dated 12/16/2015, labeled L-1, is approved by the City of Meridian Planning Division with no changes. Building Elevations: The elevations approved with A-2015-0090, prepared by Countryside Design, dated 09/28/2015, labeled A2 and A3, are approved by the City of Meridian Planning Division as shown. Staff recommends approval of the proposed preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Zoning/Aerial Map 2. Proposed Preliminary Plat (dated: 02/24/2016) 3. Proposed Landscape Plan (dated: 12/16/15) 4. Approved Building Elevations (dated: 9/28/15) B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Exhibit A Page 1 A. Drawings 1. Zoning/Aerial Map Exhibit A Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 02/24/2016) Exhibit A Exhibit A Page 3 3. Approved Landscape Plan (dated: 12/16/15) Exhibit A - 2 - 4. Approved Building Elevations (dated: 09/28/15) Exhibit A - 3 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 02/24/16, is approved with the following : a. The applicant shall add a note on the face of the plat or record a separate document and reference the recorded document number on the face of the plat that identifies a blanket cross access agreement and shared parking agreement for the entire multi-family complex (Lot1, Block 1) and the recorded cross access agreements to parcels R1042150852, R1042150870 and R1042150856. 1.1.2 The landscape plan included in Exhibit A.4, dated 12/16/15, is approved as submitted. 1.1.3 A street light plan is required to be included in the final plat application. Street light plan requirements are listed in Section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.1.4 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. 1.1.5 Development of this site shall comply with the conditions of approval approved with the certificate of zoning compliance application (A-2015-0090). 1.1.6 That we require that the CC&Rs and the HOA take on the role and duties of maintaining the irrigation system for the surrounding neighbors. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the O-T zoning district listed in UDC Table 11-2D-4. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 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. 1.2.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for multi-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 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 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Exhibit A - 4 - 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be submitted to the Community Development Department. The plan will need to include a type 2 light at the subdivision entrance on 3rd street. This light will need to be metered. 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 Exhibit A - 5 - 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 9-1-28.C1). 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. Exhibit A - 6 - 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 11-1-4B. 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 has no comment on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comment on this application. Exhibit A - 7 - 5. REPUBLIC SERVICES 5.1 The applicant shall coordinate with Republic Services on the location an size of the t rash enclosure. 6. PARKS DEPARTMENT 6.1 The Parks Department has co comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 20-foot wide driveway as a curb return and paved its full width a minimum of 30-feet into the site beyond the edge of NE 3rd Street abutting the site. 7.1.2 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.1.3 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.4 Comply with the Standard Conditions of Approval as noted below. 7.2 Standard Conditions of Approval 7.2.1 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, 7203.6, 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. 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. Exhibit A - 8 - 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 - 9 - D. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in substantial compliance with the adopted FLUM designations in the Comprehensive Plan of Old Town in regard to land use and transportation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to Council’s attention. ACHD considers road safety issues in their analysis. Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Commission does not find there are any significant natural, scenic or historic features that will be lost with development of the site.