Silverwater North PP H-2016-0083CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0083 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Preliminary Plat Consisting of Thirteen (13) Building Lots and
One (1) Common Area Lot on 4.12 Acres of Land in the R-8 Zoning District for Silverwater North
Subdivision, by Trilogy Development.
Case No(s). H-2016-0083
For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 20,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 20, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0083 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Preliminary Plat is hereby approved per the conditions of approval
in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
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 September 20, 2016
By action of the City Council at its regular meeting held on the day of "6e4,— ,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED 7(4
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED d+
COUNCIL MEMBER TY PALMER VOTED Y64
COUNCIL MEMBER LUKE CAVENER VOTED Y(4
COUNCIL MEMBER GENESIS MILAM VOTED Yeo
MAYOR TAMMY de WEERD VOTED ,—
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Mayor Ta e Weerd
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Copy served upon Applicant, Community Development Department, Public Works Department and City
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0083 - 3 -
EXHIBIT A
Silverwater North – PP H-2016-0083 PAGE 1
STAFF REPORT Hearing Date: September 20, 2016
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Silverwater North – PP (H-2016-0083)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Trilogy Development, has submitted an application for a preliminary plat (PP)
consisting of 13 building lots and 1 common lot on 4.12 acres of land in the R-8 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP application in accord with the Findings of Fact and
Conclusions of Law in Exhibit C.
The Meridian Planning & Zoning Commission heard these items on August 18, 2016. At the
public hearing, the Commission moved to recommend approval of the subject PP request.
a. Summary of Commission Public Hearing:
i. In favor: Scott Wonders, Applicant’s Representative
ii. In opposition: None
iii. Commenting: Nancy Buckley
iv. Written testimony: Scott Wonders, Applicant’s Representative (in agreement with staff
report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Concern of overdevelopment in Meridian and of school and roads not being able to
support the growth.
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on September 20, 2016. At the public hearing, the
Council approved the subject PP request.
a. Summary of City Council Public Hearing:
vii. In favor: Scott Wonders, Applicant’s Representative
viii. In opposition: None
ix. Commenting: None
x. Written testimony: None
xi. Staff presenting application: Sonya Allen
xii. Other staff commenting on application: None
EXHIBIT A
Silverwater North – PP H-2016-0083 PAGE 2
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
ii. None
di. 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-
0083, as presented in the staff report for the hearing date of September 20, 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-2016-0083,
as presented during the hearing on September 20, 2016, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2015-0083 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 south side of E. Victory Road, west of S. Locust Grove Road, in the NE
¼ of Section 30, Township 3 North, Range 1 East. (Parcel No.: S1130120770)
B. Owner:
Corey Barton Homes, Inc.
1977 E. Overland Road
Meridian, ID 83642
C. Applicant:
Trilogy Development
9839 W. Cable Car St., Ste. 101
Boise, ID 83709
D. Representative:
Scott Wonders, J-U-B Engineers, Inc.
250 S. Beechwood, Ste. 201
Boise, ID 83709
E. 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: August 1, and 15, 2016 (Commission); August 20 and
EXHIBIT A
Silverwater North – PP H-2016-0083 PAGE 3
September 12, 2016 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); August 30,
2016 (City Council)
D. Applicant posted notice on site(s) on: August 8, 2016 (Commission); September 9, 2016 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped agricultural land,
zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Victory Road and single-family residential property, zoned R-4
2. East: King’s Congregation Church, zoned L-O
3. South: Vacant/undeveloped land (future phases of Silverwater Subdivision), zoned R-8
4. West: Rural residential property, zoned RUT in Ada County
C. History of Previous Actions:
In 2006, this property was annexed and zoned (AZ-06-015) with an R-8 zoning district and
included in a preliminary plat (PP-06-013) for Tanana Valley Subdivision. A development
agreement was required as a provision of annexation (Instrument No. 106151214)
In 2007, a new preliminary plat (PP-07-015) was approved for Cavanaugh Subdivision which
included the subject property. A final plat has not been recorded for the subject property
In 2008, an 18 month time extension (TE-08-022) was approved by the Director until
February 22, 2010 to obtain the City Engineer’s signature on the final plat.
In 2010, another 18 month time extension (TE-10-005) was approved by Council until
August 22, 2011 to obtain the City Engineer’s signature on the final plat.
In 2011, a 2-year time extension (TEC-11-005) was approved by Council until August 22,
2103 to obtain the City Engineer’s signature on the final plat.
In 2013, another 2-year time extension (TEC-13-005) was approved by Council until August
22, 2015 to obtain the City Engineer’s signature on the final plat. Because there are now
multiple owners and the site is not developing under one master plan as originally proposed,
staff required new preliminary plats to be submitted for the remaining land to the north and
south of the Ridenbaugh Canal that has not been final platted.
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the subject area are
currently planned as part of the development of Silverwater Subdivision to the south.
2. Location of water: A water main intended to provide service to the subject area are currently
planned as part of the development of Silverwater Subdivision to the south.
3. Issues or concerns: Until the future adjacent phase of Silverwater Subdivision develops,
thereby bringing sanitary sewer and water service to the area, this development is not
serviceable.
EXHIBIT A
Silverwater North – PP H-2016-0083 PAGE 4
E. Physical Features:
1. Canals/Ditches Irrigation: There is an irrigation ditch that crosses this site.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
Land Use: The Comprehensive Plan Future Land Use Map (FLUM) designates this property as
Mixed Use – Neighborhood (MU-N) with a Neighborhood Center (N.C.) overlay.
The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominately single-
use developments by incorporating a variety of uses. Land uses in these areas should be primarily
residential with supporting non-residential services. Residential uses should comprise a minimum of
40% of the development area at6 densities ranging from 6 to 12 units/acre.
In areas where there is a N.C. overlay designation, the City seeks to create a centralized, pedestrian-
oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale
development. Like other designations, the N.C. areas shown on the FLUM are conceptual only and
intended to identify a maximum walking distance from the core of the N.C. of ¼ mile.
The proposed gross density of the project is 3.16 dwelling units/acre which falls below that desired in
MU-N designated areas of 6 to 12 units/acre. There are also no non-residential uses, only single-
family residential uses on this site and the MU-N designated area as a whole. Back in 2006 when the
zoning and preliminary plat was approved, this site was planned to develop as a school; at that time, it
was found to be consistent with the FLUM and Comprehensive Plan. Since that time, the school
district has decided this property is not needed for a school; therefore, the applicant wishes to develop
the site with single-family residential detached homes consistent with the rest of the Silverwater
development. Because FLUM designations are conceptual, staff supports the proposed development
and finds that it is compatible with existing and future land uses in the area (i.e. residential and church
uses).
Staff finds the following goals and objectives of the Comprehensive Plan to be applicable to
development of this site:
“Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed medium density residential development will contribute to the variety of
housing options located within the City. Staff is unaware how “affordable” the housing will
be.
“Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required along E. Victory Road, a minor arterial street, per UDC
Table 11-2A-6 in accord with the standards listed in UDC 11-3B-7C. Separate permits shall
be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC
11-3A-7.
EXHIBIT A
Silverwater North – PP H-2016-0083 PAGE 5
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed medium-density residential development should be compatible with existing
and future medium density residential and church uses.
“Require common area in all subdivisions.” (3.07.02F)
Because this site is below 5 acres in size, qualified open space is not required per UDC 11-
3G-3B.
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
With development of this property, right-of-way will be dedicated along the east boundary of
the site for Mesa Way, which exists to the north across E. Victory Road. This will allow
access for the church to the east via Victory Road.
“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 currently available to this site and will be extended by the developer to the
proposed lots upon development of the site in accord with UDC 11-3A-21.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are
listed as a principal permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC 11-2A-6 for the R-8 zoning district.
D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-6 for the R-8
zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The subject property was previously included in the preliminary plat for Cavanaugh Subdivision
and was intended to develop with a public school. Since that time, the School District decided
they didn’t need a school in this location. In 2015, it was included as Lot 24, Block 7 in the final
plat for Silverwater Subdivision No. 3 but the plat has not yet been recorded.
The proposed preliminary plat consists of 13 building lots and 1 common lot on 4.12 acres of land
in the R-8 zoning district. The minimum lot size is 8,295 s.f. with the average lot size being
11,218 s.f. As discussed above in Section VII, the proposed density of 3.16 d.u./acre is below that
EXHIBIT A
Silverwater North – PP H-2016-0083 PAGE 6
desired in the MU-N designated area but found to be in substantial compliance with the
Comprehensive Plan as the designations on the FLUM are conceptual.
Existing Structure(s): There are no existing structures on this site.
Dimensional Standards: All of the lots in the proposed subdivision are required to comply with
the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Staff has
reviewed the proposed lots and found them in compliance with these standards.
Access: Access to this development is proposed on the plat from E. Springloyd Street, an internal
local street proposed to be constructed with Phase 3 of Silverwater Subdivision, by way of S.
Mesa Road and E. Victory Road; or, via internal local streets from S. Standing Timber Way via
E. Victory Road. Construction of Springloyd Street and S. Mesa Way is required with Phase
3 for access to this site prior to signature on the final plat for this project.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15. PI is required to be provided to this
development from the existing Silverwater PI system and shall be maintained and operated by
NMID.
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. Lot 32, Block 7 is
proposed to contain the storm drainage for the development and shall be constructed in accord
with the standards listed in UDC 11-3B-11C.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
Six-foot wide parkways are proposed along internal streets within the development and are
required to be planted with Class II trees and have root barriers in accord with the standards listed
in UDC 11-3A-17E. The plant schedule does not include tree class; the plan should be revised
accordingly to ensure compliance with UDC standards.
There are no existing trees on the site.
Note: The street buffer along E. Victory Road and S. Mesa Way is not included in this plat; they
were included on the final plat for Phase 3 of Silverwater Subdivision and will be constructed
with that phase.
Open Space & Site Amenities: Because the proposed development is below 5 acres in size,
qualified open space and site amenities are not required to be provided, per UDC 11-3G-2.
The applicant proposes a total of 6.04% (or 0.25 of an acre) of open space consisting of a storm
drainage lot.
Fencing: All fencing installed on the site should comply with the standards listed in UDC 11-3A-
6B and 11-3A7. Fencing is not depicted on the landscape plan.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-
foot wide detached sidewalks are proposed along internal public streets with 6-foot wide
parkways in accord with UDC standards.
EXHIBIT A
Silverwater North – PP H-2016-0083 PAGE 7
Waterways: The UDC (11-3A-6A) requires all irrigation ditches, laterals, canals and drains
intersecting, crossing or lying within the area being developed to be piped or otherwise covered.
Any open ditches that exist on this site are required to be piped with development.
Floodplain: This site does not lie within the Meridian Floodplain Overlay District.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix
of horizontal lap siding and vertical board and batten siding with stone veneer/brick accents.
Because the rear and/or sides of homes on lots (Lots 28-30 and 35-37, Block 7) adjacent to
E. Victory Road, an arterial street will be highly visible, staff recommends the rear and/or
sides of structures on these lots incorporate articulation through changes in materials,
color, modulation, and architectural elements (horizontal and vertical) to break up
monotonous wall planes and roof lines.
In summary, Staff recommends approval of the proposed preliminary plat request for this site
with the conditions listed in Exhibit B of this report in accord with the findings contained in
Exhibit C.
X. EXHIBITS
A. Maps/Plans
1. Vicinity Map
2. Preliminary Plat (stamped & dated: 7/12/16)
3. Landscape Plan (dated: 6/1/16)
4. Conceptual Building Elevations
B. Conditions of Approval
C. Required Findings from Unified Development Code
EXHIBIT A
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Exhibit A.1: Vicinity Map
EXHIBIT A
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Exhibit A.2 – Preliminary Plat (stamped & signed: 7/12/16)
EXHIBIT A
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Exhibit A.3: Landscape Plan (dated: 6/1/16)
EXHIBIT A
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Exhibit A.4: Conceptual Building Elevations
EXHIBIT A
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Exhibit B: Conditions of Approval
1.1 Site Specific Conditions of Approval
1.1.1 Applicant shall meet all terms of the approved annexation (AZ-06-015, Development Agreement
Instrument #106151214).
1.1.2 The preliminary plat included in Exhibit A.2 dated 7/12/16 shall be revised as follows:
a. Root barriers are required within the parkways along internal streets within the development
in accord with the standards listed in UDC 11-3A-17E; revise street section accordingly.
1.1.3 The landscape plan included in Exhibit A.3 dated 6/1/16 shall be revised as follows:
a. Include the tree class in the plant schedule.
b. Include landscaping within Lot 32, Block 7 as set forth in UDC 11-3B-11, Stormwater
Integration.
1.1.4 Construction of Springloyd Street and S. Mesa Way is required to be completed with Phase
3 for access to this site prior to signature on the final plat for this project.
1.1.5 Because the rear and/or sides of homes on lots (Lots 28-30 and 35-37, Block 7) adjacent to E.
Victory Road, an arterial street will be highly visible, staff recommends the rear and/or sides of
structures on these lots incorporate articulation through changes in materials, color, modulation,
and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof
lines.
1.1.6 The storm drainage facility proposed on Lot 32, Block 7 shall be constructed in accord with the
standards listed in UDC 11-3B-11C.
1.1.7 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.
1.1.8 All ditches, laterals and canals are required to be piped in accord with UDC 11-3A-6A unless
waived by City Council.
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
Table 11-2A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to E.
Victory Road is prohibited.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drai nage courses, as set
forth in UDC 11-3A-6.
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. A minimum 5-foot wide
detached sidewalk is required along E. Victory Road, an arterial street; and minimum 5-foot wide
attached sidewalks are required along internal local streets.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
EXHIBIT A
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1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B-
7B (if applicable).
EXHIBIT A
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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 Domestic Water service to the subject property does not currently exist, and is dependent on the
establishment of services via development of the future adjacent phase of Silverwater
Subdivision. Applicant shall minimize dead end water mains, and shall install fire hydrants at
dead ends in lieu of blow-offs.
2.1.2 Sanitary sewer service to the subject property does not currently exist, and is dependent on the
establishment of services via development of the future adjacent phase of Silverwater
Subdivision.
2.1.3 Until the future adjacent phase of Silverwater Subdivision develops, thereby bringing sanitary
sewer and water service to the area, this development is not serviceable.
2.1.4 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272. This plan will need to
include the installation of 30' Type 1 lights along the frontage of Victory Road and Type 2
lighting on the subdivisions internal streets.
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 9-1-28C1). 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
EXHIBIT A
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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.
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
EXHIBIT A
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accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor’s work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments with this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
EXHIBIT A
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e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.4 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.
4.5 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.
4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.9 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct Pergola Place as a 33-foot street section with rolled curb, gutter, and an 8-foot wide
planter strip within 43-feet of right-of-way. The right-of-way width can be reduced to 2-feet
behind the back of curb.
7.1.2 Construct a 5-foot wide detached concrete sidewalk on Pergola Place, as proposed. Provid a
permanent right-of-way easement for the detached sidewalks located outside of the dedicated
right-of-way for Pergola Place.
7.1.3 Construct a cul-de-sac turnaround at the terminus of Pergola Place with a radius of 50 -feet, as
proposed.
EXHIBIT A
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7.1.4 Construct Intelligence Place as a 33-foot street section with rolled curb, gutter, and an 8-foot wide
planter strip within 43-feet of right-of-way. The right-of-way width can be reduced to 2-feet
behind the back of curb.
7.1.5 Construct a 5-foot wide detached concrete sidewalk on Inteleligence Place, as proposed. Provid a
permanent right-of-way easement for the detached sidewalks located outside of the dedicated
right-of-way for Inteleligence Place.
7.1.6 Construct a cul-de-sac turnaround at the terminus of Inteleligence Place with a radius of 50 -feet,
as proposed.
7.1.7 Direct lot access to Victory Road is prohibited and should be noted on the final plat.
7.1.8 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building
permit.
7.1.9 The applicant will be required to pay all applicable platting and review fees prior to final
approval.
7.1.10 Comply with the Standard Conditions of Approval as noted below.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
72.2 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.
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
EXHIBIT A
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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
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Exhibit C: Required Findings from Unified Development Code
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are available to be extended to the proposed
lots and will be provided to the subject property upon development. (See Exhibit B of the
Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, The City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based on comments received from public service providers (i.e., Police, Fire, ACHD,
etc.) the City Council finds there is public financial capability of supporting services for
the proposed development. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council is not aware of any health, safety, or environmental problems
associated with the platting of this property that should be detrimental to the public
health, safety or general welfare. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that
exist on this site.