Loading...
TM Crossing Sub No. 1 H-2016-0099 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 1 (H-2016-0099) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 23, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY (20) BUILDING LOTS AND ONE (1) COMMON AREA LOT ON 36.54 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR TM CROSSING SUBIDIVISION NO. 1 BY: BRIGHTON DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0099 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on August 23, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-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 TM CROSSING SUBDIVISION, LOCATED IN A PORTION OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 7/20/2016, by LAWRENCE H. KOERNER, PLS, SHEET 1 OF 4,” is conditionally approved subject to those conditions of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 1 (H-2016-0099) Page 2 of 3 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 August 23, 2016, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Mike Wardle, Brighton Corporation, a true and correct copy of which is attached hereto marked “Exhibit B” 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 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 r . r Attest: C.Jay Cole City Clerk '2016. W � f o�Q�RpT6Dq(�G,�iP y: ZG �� Tammy de (1, �r w?Vlayor, Cit E rD1AN16— �oAHO SEAL Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: W 71 1(o ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 1 (H-2016-0099) Page 3 of 3 EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 1 STAFF REPORT MEETING DATE: August 23, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: TM Crossing Subdivision No. 1 – FP (H-2016-0099) I. APPLICATION SUMMARY The applicant, Brighton Development, has applied for final plat (FP) approval of 20 commercial building lots and 1 common area lot on 36.54 acres of land in the C-G zoning district for the first phase of TM Crossing Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the TM Crossing Subdivision No. 1 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0099 as presented in the staff report for the hearing date of August 23, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0099, as presented during the hearing on August 23, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0099 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 subject property is generally located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the SW ¼ of Section 14, T. 3N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Same as Applicant EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 2 D. Representative: Van Elg, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 20 commercial building lots and 1 common area lot on 36.54 acres of land in a C-G zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-12-003). Because the number of proposed buildable lots is fewer than shown on the approved preliminary plat and the amount of common area is the same, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all previous conditions of approval associated with this development (CPAM-12-001; AZ-12-005, Development Agreement #114002254), PP-12-003; TED-14-001; H-2016-0054). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of Director approval of the preliminary plat time extension (TED-14-001), by October 2, 2016, or apply for another time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat included in Exhibit C prepared by The Land Group Horrocks Engineers, stamped on 7/20/16 by Lawrence H. Koerner, shall be revised as follows: a. Note #8: Include the recorded instrument number of the ACHD License Agreement. b. Note #9: Include lot and block numbers. c. Note #13: Include the instrument number for the development agreements (#114002254 & 2016-062220). d. Note #14: Correct the typo, “. . . S. Vanguard Waty . . .” 5. The landscape plan included in Exhibit D prepared by The Land Group Baer Design Group, LLC, dated 5/6/16, shall be revised as follows: a. A 20-foot wide street buffer is required along collector streets; and a 10-foot wide buffer is required along local streets per UDC Table 11-2B-3, planted in accord with the standards listed in UDC 11-3B-7C. The buffer and sidewalk required adjacent to the northern off-site portion of S. Vanguard Way will be provided by the adjacent property owner upon development. b. Include a calculations table demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E and 11-3B-7C) including the following: 1) Width of street buffers, lineal feet of street frontage, and number of street trees; 2) Width of parkways, lineal feet and number of street trees; and 3) tree class. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 3 7. Up to three (3) building permits are allowed to be obtained in this phase prior to recordation of the final plat per the amended development agreement (#2016-062220). 8. The easements for the Purdam Drain and Taylor Drain shall be vacated prior to signature on the final plat by the City Engineer per requirement of the preliminary plat. 9. The developer shall design the roundabout at the north boundary of the site so that right-of-way (ROW) boundaries are determined but design and construct the road without the roundabout, including interim connections to service drives; and dedicate ROW on the subject property for the future roundabout and submit funds to ACHD for the construction cost of the roundabout, less design costs, and design and construction costs for the interim street section. At the time the property owner to the north plats any portion of the adjacent property, that owner would be obligated to construct a full roundabout, including modifications to any interim access points, per requirement of the preliminary plat. 10. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 11. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 12. Applicant shall be required to complete a looped water system connection via the existing right of way connection in alignment with W. Verbena Drive, to the existing mainline in W. Waltman Street. This completion of this looped connection is required prior to the Certificate of Occupancy being issued on the second building within this phase. 13. Developer shall also be responsible for the installation of a water pressure reducing valve (PRV) station per the 2016 City of Meridian Public Works Design Standards, which will include: a) Providing a location for the PRV vault, landscape areas are preferred to street installations. b) Providing and installing a concrete PRV vault per the specifications provided by the Public Works Engineering Division. c) Providing and easement for the PRV vault outside of the public right of way. d) Providing an electrical service to the PRV vault. Coordinate the location and electrical requirements with the Public Works Engineering Division. e) Providing conduit run per standard details to a suitable site for an antenna. f) Stubbing the water mainline to the inside of the vault and installing PVC water pipe between the ductile iron spools where the PRV valves and appurtenances will be installed by the City at a later date. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 4 The City of Meridian will purchase and install the PRV, interior piping, valves and telemetry equipment needed to operate the new PRV. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits beyond the three (3) allowed by the amended development agreement #2016- 062220. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved, or bonded, prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. 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. 10. 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. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 5 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 6 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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 development plan approval. 24. 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. City Council granted a waiver with the preliminary plat to allow the Purdam and Taylor drains to remain open in their re-located locations. V. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 7/16/12) C. Proposed Final Plat (dated: 7/20/16) D. Proposed Landscape Plan (dated: 5/6/16) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 7 Exhibit A – Vicinity Map EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 8 Exhibit B – Preliminary Plat (dated: 7/16/12) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 9 Exhibit C – Proposed Final Plat (dated: 7/20/16) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 10 EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 11 Exhibit D – Proposed Landscape Plan (dated: 5/6/16) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 12 EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 13 EXHIBIT B 1 APPLICANT RESPONSE TM Crossing Subdivision (FP H-2016-00099) Conditions of Approval August 18, 2016 VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all previous conditions of approval associated with this development (CPAM- 12-001; AZ-12-005, Development Agreement #114002254), PP-12-003; TED-14-001; H-2016-0054). Applicant Response: Concur, with clarification: The reclaimed water requirement cited in proposed Site- Specific Conditions 10 and 11, below—and which we propose to modify/delete—stems from a conflict between conditions 2.4 and 2.17 of the original project approval as incorporated into the development agreement. The former cites the MCC 12-13-8.3 requirement “to use any existing surface or well water for the primary [irrigation] source,” whereas the latter states that the client “agrees to utilize…reclaimed water as the primary water supply source.” This issue was discussed with the Council during the original project approval hearings in 2012, with a commitment to consider the option, but without agreement to use reclaimed water given the uncertainty of the source—which still exists—and the Idaho Code 67-6537 requirement to use “surface water, where reasonably available, as the primary source for irrigation.” Thus, compliance “with all previous conditions of approval” requires resolution of the cited conflicts and final determination by the Council of the “primary” irrigation source. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of Director approval of the preliminary plat time extension (TED-14-001), by October 2, 2016, or apply for another time extension, in accord with UDC 11-6B-7. Applicant Response: Concur 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Applicant Response: Concur 4. The final plat included in Exhibit C prepared by The Land Group Horrocks Engineers, stamped on 7/20/16 by Lawrence H. Koerner, shall be revised as follows: a. Note #8: Include the recorded instrument number of the ACHD License Agreement. b. Note #9: Include lot and block numbers. c. Note #13: Include the instrument number for the development agreements (#114002254 & 2016-062220). d. Note #14: Correct the typo, “. . . S. Vanguard Waty . . .” Applicant Response: Concur, as corrected 5. The landscape plan included in Exhibit D prepared by Baer Design Group, LLC, dated 5/6/16, shall be revised as follows: a. A 20-foot wide street buffer is required along collector streets; and a 10-foot wide buffer is required along local streets per UDC Table 11-2B-3, planted in accord with the standards listed in UDC 11-3B-7C. The EXHIBIT B 2 buffer and sidewalk required adjacent to the northern off-site portion of S. Vanguard Way will be provided by the adjacent property owner upon development. b. Include a calculations table demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E and 11-3B-7C) including the following: 1) Width of street buffers, lineal feet of street frontage, and number of street trees; 2) Width of parkways, lineal feet and number of street trees; and 3) tree class. Applicant Response: Concur 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Applicant Response: Concur 7. Up to three (3) building permits are allowed to be obtained in this phase prior to recordation of the final plat per the amended development agreement (#2016-062220). Applicant Response: Concur 8. The easements for the Purdam Drain and Taylor Drain shall be vacated prior to signature on the final plat by the City Engineer per requirement of the preliminary plat. Applicant Response: Concur 9. The developer shall design the roundabout at the north boundary of the site so that right-of-way (ROW) boundaries are determined but design and construct the road without the roundabout, including interim connections to service drives; and dedicate ROW on the subject property for the future roundabout and submit funds to ACHD for the construction cost of the roundabout, less design costs, and design and construction costs for the interim street section. At the time the property owner to the north plats any portion of the adjacent property, that owner would be obligated to construct a full roundabout, including modifications to any interim access points, per requirement of the preliminary plat. Applicant Response: Concur (For information only: Negotiations currently underway with the owner of the property to the north may result in moving the roundabout location to his property) 10. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary secondary source of irrigation water if the City is able to provide assurance said source is available, reliable, and sufficient for all phases of the project. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 11. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. EXHIBIT B 3 Applicant Response: The conflict between the original project conditions cited in the Applicant Response to Site-Specific Condition #1, above, remains in proposed Site-Specific Conditions 10 and 11 and General Requirements Condition #23 (Original Condition #2.4); for ease of comparison, Condition #23 follows: 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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 development plan approval. In anticipation of this issue, we consulted a water rights attorney and the Nampa & Meridian Irrigation District (NMID) for clarity. The applicable State Code, Section 67-6537 (see page 7), requires the use of surface water as the primary water source for irrigation, “where reasonably available.” The last page of this response is NMID’s July 25th letter (in which the applicable State Code section is also cited) addressing that specific question. The District notes that it has “no agreement with any entity, on the use of reclaimed water on lands within the district boundaries,” and states that “The surface water supplied by NMID should be viewed as the primary source for irrigation water to this property.” Absent an agreement between the City and the District, and the State Code’s “shall be required to use” mandate, we believe that the City’s reclaimed water must be limited to secondary use—if the City is able to assure the reliability of the source. 12. Applicant shall be required to complete a looped water system connection via the existing right of way connection in alignment with W. Verbena Drive, to the existing mainline in W. Waltman Street. This completion of this looped connection is required prior to the Certificate of Occupancy being issued on the second building within this phase. Applicant Response: Concur 13. Developer shall also be responsible for the installation of a water pressure reducing valve (PRV) station per the 2016 City of Meridian Public Works Design Standards, which will include: a) Providing a location for the PRV vault, landscape areas are preferred to street installations. b) Providing and installing a concrete PRV vault per the specifications provided by the Public Works Engineering Division. c) Providing and easement for the PRV vault outside of the public right of way. d) Providing an electrical service to the PRV vault. Coordinate the location and electrical requirements with the Public Works Engineering Division. e) Providing conduit run per standard details to a suitable site for an antenna. f) Stubbing the water mainline to the inside of the vault and installing PVC water pipe between the ductile iron spools where the PRV valves and appurtenances will be installed by the City at a later date. The City of Meridian will purchase and install the PRV, interior piping, valves and telemetry equipment needed to operate the new PRV. Applicant Response: Concur VII. GENERAL REQUIREMENTS EXHIBIT B 4 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Applicant Response: Concur 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Applicant Response: Concur 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits beyond the three (3) allowed by amended development agreement #2016-062220. Applicant Response: Concur, as modified 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Applicant Response: Concur 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. Applicant Response: Concur 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. Applicant Response: Concur 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Applicant Response: Concur 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved, or bonded, prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. Applicant Response: Concur, as modified EXHIBIT B 5 9. 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. Applicant Response: Concur 10. 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. Applicant Response: Concur 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant Response: Concur 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Applicant Response: Concur 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. Applicant Response: Concur 14. 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. Applicant Response: Concur 15. 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. Applicant Response: Concur 16. 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. Applicant Response: Concur 17. 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. Applicant Response: Concur 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. EXHIBIT B 6 Applicant Response: Concur 19. 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 signature of the final plat by the City Engineer. Applicant Response: Concur, as modified. The Council approved this text change in its July 5th approval of Bainbridge Park Subdivision final plat. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Applicant Response: Concur 21. 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. Applicant Response: Concur 22. 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. Applicant Response: Concur 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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 development plan approval. Applicant Response: Concur, as modified (see related Site-Specific Conditions #10 and 11, above) 24. 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. Applicant Response: Concur, with the qualification that the City Council granted a waiver in 2012 to allow the Purdam and Taylor drains to remain “open” when they were relocated several years ago. EXHIBIT B 7 EXHIBIT B 8