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Little Creek AZ CUP PP H-2016-0076CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of Seventeen (17) Acres of Land with an R-40 Zoning District; Conditional Use Permit for a Multi-Family Development Consisting of 204 Dwelling Units in an R-40 Zoning District; and Preliminary Plan Consisting of Fifty-One (51) Building Lots, One (1) Lot for the Clubhouse, and Two (2) Common Area Lots on 15.85 Acres of Land for Little Creek Subdivision, by David Alexander. Case No(s). H-2016-0076 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-2016-0076 - 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 Annexation and Zoning, Conditional Use Permit and 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). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - 3 - use not to exceed one (1) two (2) year period. 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 conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of 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 development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-5B-3F). 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 September 20, 2016 By action of the City Council at its regular meeting held on the day of 2016. W r ` 6 ew- COUNCIL PRESIDENT KEITH BIRD VOTED Z4 COUNCIL VICE PRESIDENT JOE BORTON VOTED Ya COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Ya COUNCIL MEMBER LUKE CAVENER VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED Y MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T de Weerd Attest: (ily°f CCD M ip,1flo C.jay Colem2� "�EqL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. (�r ILC-40(By: �� Dated: ity Clerk's Office /0-5-1 �) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - 4 - EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 1 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Little Creek Subdivision – AZ, CUP, PP (H-2016-0076) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, David Alexander, has submitted an application for Annexation and Zoning (AZ) of 17 acres of land with an R-40 zoning district; Conditional Use Permit (CUP) for a multi-family development consisting of 204 dwelling units in an R-40 zoning district; and Preliminary Plat (PP) consisting of 51 building lots, 1 lot for a clubhouse and 2 common lots on 15.85 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, CUP, and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. 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); Greg Ramp, Aire Incorporated 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; ii. Traffic concerns at the Wilson Lane/Locust Grove Road intersection until Wilson is extended to the east in the future. c. Key Issues of Discussion by Commission: i. Relocating the common area along the east boundary to the north side of the 4 residential structures so that it aligns better with the common area to the east; ii. Direct access via Locust Grove Road and traffic/congestion at the Wilson/Locust Grove intersection; iii. The pinwheel design of the structures with only one building type/footprint. iv. The Commission was in support of the applicant’s request for a waiver to UDC 11-3A-6 to allow the Settler’s Canal/Jackson Drain to remain open along the southern boundary of the site and not be piped. d. Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.1.1d to not require more than one building type provided that structures are off-set 90 degrees from each other and a variety of at least 3 different color pallets are used. EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 2 ii. Modify condition #1.1.3e to require the dog park (open space) to be relocated to the north side of Lots 18 and 19, Block 1 (shown as Lots 19 and 20, Block 1 on the revised plat). e. Outstanding Issue(s) for City Council: i. The applicant requests a waiver from City Council to UDC 11-3A-6A.3 to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. The Meridian City Council heard these items on September 20, 2016. At the public hearing, the Council approved the subject AZ, CUP and PP requests. a. Summary of City Council Public Hearing: i. In favor: Scott Wonders, Applicant’s Representative ii. In opposition: None iii. Commenting: Debra Resman iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Joe Bongiorno b. Key issue(s) of Public Testimony: i. Separation of the proposed dog park/proposed development from the common area in the adjacent multi-family development to the east (applicant stated area would be enclosed with a 4-foot tall open vision fence around the dog park with a fence around the entire development); ii. Improvement and clean-up of the canal area along the southern boundary of the site (applicant stated area is in the process of being cleaned up). c. Key Issues of Discussion by Council: i. R-15 vs. the requested R-40 zoning district ii. Provision of a safe location for students to wait for the school bus. iii. Access for the site via Locust Grove and Wilson Lane and associated traffic issues. d. Key Council Changes to Commission Recommendation i. Add a provision requiring a safe location for children to wait for the school bus to be provided on the site; location of which based on recommendation by the school district (see condition #1.1.3f in Exhibit B). ii. Council approved a waiver to UDC 11-3A-6 to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site (see condition #1.1.1g). iii. Council approved a waiver to UDC 11-3A-3 for access via Locust Grove Road, an arterial street (see condition #1.1.5). 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-2016-0076, as presented in the staff report for the hearing date of August 18, 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-2016-0076, as presented during the hearing on August 18, 2016, for the following reasons: (You should state specific reasons for denial) EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 3 Continuance I move to continue File Number H-2016-0076 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1470 N. Locust Grove Road, in the northwest ¼ of Section 8, Township 3 North, Range 1 East. (Parcel #: R7104253800) B. Owner(s): In Perspective, LLC P.O. Box 7846 Boise, ID 83707 C. Applicant: David Alexander PO Box 7846 Boise, ID 83707 D. Representative: Scott Wonders, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, conditional use permit and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 18 and August 1, 2016 (Commission); August 29 and 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 rural residential property with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial businesses, zoned C-G 2. East: Multi-family residential (4-plex apartments), zoned R-40 3. South: Vacant/undeveloped property and an ACHD storm drainage facility, zoned C-G and L-O respectively 4. West: Single-family attached homes in Locust Grove Place, zoned R-40; and a wrecking yard, zoned C2 in Ada County EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 4 C. History of Previous Actions: This property was previously platted as Lots 18-20 INC, Pleasant Valley Subdivision. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exist in E. Wilson Lane. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Wilson Lane. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Settler’s Canal runs along the southern boundary of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated High-Density Residential (HDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. HDR designated areas allow for the development of multi-family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The applicant proposes to develop the site with fifty-one (51) 4-plex structures containing a total of 204 dwelling units at a gross density of 12.87 units/acre and a net density of 16.68 units/acre. The proposed zoning of R-40 is consistent with the HDR FLUM designation; however, the proposed density falls within the density range desired in MHDR designated areas of 8 to 15 units/acre, which is slightly below that of 15+ units/acre desired in HDR designated areas. The proposed density will require approval of a “step” down in density from HDR to MHDR by City Council. Note: In residential areas, other residential densities (within one “step”) will be considered without requiring a Comprehensive Plan Amendment (pg. 21). MHDR designated areas allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 units/acre with a target density of 12 units/acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 5  “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 MHDR development will contribute to the variety of residential categories that currently exist in this area (i.e. medium and medium-high density). Staff is unaware of how “affordable” the units will be.  “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to employment and shopping centers along Fairview Avenue and Eagle Road, this property is ideal for providing higher density housing options.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed MHDR development is located in close proximity to major access thoroughfares (i.e. I-84, E. Fairview Avenue, and SH-55/Eagle Road) within the City. It’s also within a couple miles of Kleiner Park, a regional 60-acre City park northeast of this site. A segment of the City’s regional pathway system is also designated on this site along the southern boundary adjacent to the Settler’s Canal.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed multi-family 4-plexes should be compatible with the same use to the east, attached residential units to the west across Locust Grove Road and commercial uses to the north across Wilson Lane.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4.  “Require common area in all subdivisions.” (3.07.02F) Common area is required within this development in accord with the standards listed in UDC 11-3G-3B and 11-4-3-27C.  “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) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of the community pathway system.” (3.03.03B) The proposed 10-foot wide pathway along the Settler’s Canal at the southern boundary of the site will connect to an existing segment of the City’s regional pathway system at the east boundary of the site and to the west providing pedestrian connectivity between neighborhoods.  “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 6 The proposed development supports 11 Communities in Motion (CIM) 2040 checklist items and does not support 9 CIM 2040 checklist items (see CIM 2040 Development Checklist included in the public record for more information). The checklist recommends consideration of the provision of a safe location for students to wait for school busing; and alignment of the proposed pathway along the Settler’s Canal in accord with the 2015 Meridian Pathways Network Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: 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 (UDC 11-2A-1). The high- density residential (R-40) district allows a maximum gross density of 40 dwelling units per acre. B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40 zoning district. Any use not explicitly listed is prohibited. A multi-family development is listed as a conditional use in the R-40 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 district. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C and within common areas in accord with UDC 11-3G-3 and 11-4-3-27F. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. F. Structure and Site Design Standards: The proposed multi-family development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 17 acres of land with an R-40 zoning district consistent with the HDR FLUM designation for this site. The applicant has submitted a site plan, included in Exhibit A.2, that depicts (51) 4-plex structures with a total of 204 dwelling units. These structures are proposed to be located on individual lots. The proposed R-40 zoning and multi-family development is consistent with the property to the east which is also zoned R-40 and consists of multi-family residential uses (4-plex apartments) and provides a transition from the commercial uses to the north to the future mixed use development to the south (Pinebridge). The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 7 B. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed R-40 zoning district as required by UDC Table 11-2A-2. The proposed multi-family development consists of a total of 204 dwelling units in (51) 4-plex structures on 15.85 acres of land in a proposed R-40 zoning district. The units consist of a mix of 2 and 3 bedroom units. Note: Since the CUP application was submitted, a revised site plan has been submitted that reflects compliance with ACHD’s requirements for access; staff’s comments are based on the revised plan (see Exhibit A.2). Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics)  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The floor plans submitted with this application depict 80+ s.f. patios for each unit in compliance with this requirement.  Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The site plan submitted with the Certificate of Zoning Compliance application should depict the se items.  At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units are between 500 and 1,200 square feet; therefore, a minimum of 51,000 square feet or 1.17 acres of common open space is required for this development in addition to the 10 percent required by UDC 11-3G-3.  For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and a lounge area, a 50’ x 100’ open grassy area, walking trails, a dog park, a tot lot and a segment of the City’s multi-use pathway system as amenities in compliance with UDC standards. These amenities fall within the quality of life, open space and recreation categories as required.  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face E. Wilson Lane and N. Locust Grove Road.  The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement prior to issuance of Certificate of Occupancy. EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 8 Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. Based on (204) 2- and 3-bedroom units, a minimum of 408 parking spaces are required, 204 of which should be covered. The site plan depicts a total of 489 spaces, 208 of which are covered, which complies with and exceeds UDC standards by a total of 81 spaces. For non-residential uses such as the clubhouse, a minimum of one space is required to be provided for every 500 square feet (s.f.) of gross floor area in accord with the standards listed in UDC 11-3C-6B. Based on 6,000 s.f., a minimum of 12 spaces are required. A total of 12 parking spaces are proposed for the clubhouse in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 489 vehicle spaces proposed, a minimum of 20 bicycle spaces in bicycle racks are required to be interspersed throughout the development. No bicycle parking facilities are depicted on the plans. The plans submitted with the Certificate of Zoning Compliance application should depict the location of the bicycle racks. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. A buffer to adjoining land uses is not required as the existing and proposed uses are all residential in nature and the proposed zoning is R-40. A 25-foot wide street buffer is required to be provided along N. Locust Grove Road, an arterial street per UDC Table 11-2A-8, and must be landscaped in accord with the standards listed in UDC 11-3B-7C (no buffer is required in the R-40 district along E. Wilson Lane, a local street). The landscape plan needs to be revised consistent with the changes to the site plan/preliminary plat required by ACHD in Exhibits A.2 and A.3. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. Building Elevations: Only one building type is proposed for the future multi-family structures within the development as shown in Exhibit A.5. Staff recommends additional building types with a mix of colors and materials are provided for variety within the development as set forth in the Architectural Standards Manual. The architectural character of the structures shall comply with the standards listed in the City of Meridian Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. C. Preliminary Plat (PP): EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 9 The applicant proposes to re-subdivide Lots 18-20 INC, Pleasant Valley Subdivision. The proposed plat consists of 51 building lots and 3 common lots on 15.85 acres of land in the proposed R-40 zoning district. The smallest lot is 5,494 square feet (s.f.) with an average lots size of 6,707 s.f. A phasing plan was submitted as shown in Exhibit A.3 that proposes 2 phases of development, starting on the eastern portion of the site. Note: Since the preliminary plat application was submitted, a revised plat has been submitted that reflects compliance with ACHD’s requirements for access; staff’s comments are based on the revised plat (see Exhibit A.3). Existing Structures: There is an existing home and accessory structures on this site. All structures are required to be removed prior to City Engineer signature on the final plat. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district. All of the lots comply with the minimum standards. Construction of buildings on the site should comply with the setbacks for the R-40 district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The proposed (revised) plat depicts two accesses for the development - one via E. Wilson Lane, a local street at the north boundary of the site and one via N. Locust Grove Road, an arterial street at the west boundary of the site. The original plat submitted with this application depicts 2 accesses via Wilson Lane with no access via Locust Grove Road (see Exhibit A.3). The ACHD report required the driveway nearest the Wilson/Locust Grove intersection to be located a minimum of 500 feet east of Locust Grove Road; and the existing driveway via Locust Grove (located approximately 300 feet south of the Wilson/Locust Grove intersection) to remain and serve as a full-access driveway for the site. The applicant revised the plat to comply with ACHD’s requirements and removed the westernmost access via Wilson Lane and included a full access via Locust Grove. Because congestion is currently a problem at this intersection for traffic accessing Locust Grove via Wilson, ACHD’s traffic engineers determined a full access via Locust Grove would help to improve the situation rather than having all of the traffic flowing through Wilson; Staff supports the proposed accesses shown on the revised plat if Council approves a waiver to UDC 11-3A-3 for an access via an arterial street. Stub Streets/Street Improvements: There are no stub streets proposed to adjacent properties to the east or south. The property to the east is already developed without a stub/access to this property and connection to the south would require a bridge over the Settler’s Canal. ACHD is requiring additional right-of-way totaling 59 feet from centerline of N. Locust Grove Road to be dedicated abutting the site. Wilson Lane is proposed to be completed as a 36-foot wide street section with curb, gutter and 5-foot wide attached sidewalk abutting the site. The Capital Improvement Plan (CIP)/Integrated Five Year Work Plan (IFYWP) includes the widening of the Locust Grove/Fairview intersection to 7-lanes on the north and south legs and 9- lanes on the east and west legs and to be signalized. Fairview Avenue is listed in the CIP for corridor preservation for future widening to 7-lanes from Meridian Road to Eagle Road between 2017 and 2021. Locust Grove is listed in the CIP to be widened to 5-lanes from Fairview to Ustick between 2017 and 2021. Traffic Impact Study (TIS): A TIS was prepared by Thompson Engineering for this project; a summary of which can be found in the ACHD report. Landscaping: A 25-foot wide street buffer is required along N. Locust Grove Road, an arterial street, per UDC Table 11-2A-8 in accord with the standards listed in UDC 11-3B-7C; street EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 10 buffers are not required along local streets (i.e. Wilson Lane) in residential districts. The street buffer is required to be on a common lot maintained by a homeowner’s association. The landscape plan needs to be revised consistent with the changes to the site plan/preliminary plat required by ACHD in Exhibits A.2 and A.3. Open Space: A minimum of 10% (or 1.59 acres) of the area of the site is required to consist of qualified open space in accord with the standards listed in UDC 11-3G-3B in addition to that required by UDC 11-4-3-27 for multi-family developments (1.17 acres) for a total of 2.76 acres. A total of 3.07 acres (or 19.36%) of open space is proposed consisting of half of the street buffer along Locust Grove Road, a 20-foot wide linear open space area along Wilson Lane, common area where the clubhouse, swimming pool and tot lot is located and miscellaneous open grassy areas that are a minimum of 20’ x 20’ in area (see Exhibit A.2). Because there is existing common open space abutting the east boundary of this site adjacent to proposed Lots 17, 18 and 21 that is part of the adjacent multi-family development, staff recommends relocating the common area (dog park) proposed along the south side of Lots 20 & 21 to the north side of those lots. This will provide a view corridor to the existing common area instead of “walling” it off with buildings and provide more separation between structures and open space for recreation visible from the 4 abutting structures. Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11-3G-3C is required to be provided within this development in addition those required by UDC 11-4-3-27 for multi-family developments (see CUP analysis above). The applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and a lounge area, a 50’ x 100’ open grassy area, walking trails, a dog park, a tot lot and a segment of the City’s multi-use pathway system as amenities in compliance with UDC standards. The common areas where the gazebos, swimming pool, clubhouse, tot lot and dog park are located are proposed in the first phase of development. Pathway: A 10-foot wide multi-use pathway is proposed along the north side of the Settler’s Canal along the southern boundary of this site in accord with the Pathways Master Plan. Sidewalks/pathways are proposed adjacent to parking areas and around buildings which provide pedestrian access to dwelling units, common areas and site amenities. Connections should be provided to the sidewalks along Locust Grove and Wilson Lane from internal pathways. Waterways: The Settler’s Canal/Jackson Drain runs along the southern boundary of this site. Because the centerline of the ditch lies on the property line and is a very large drain that is approximately 15 feet deep, the applicant requests a waiver to UDC 11-3A-6A.3 which requires all irrigation ditches/laterals/canals/drains to be piped. City Council may waive the requirement for large capacity facilities. Fencing: A 6-foot tall open vision fence, having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway is required along the Settler’s Canal/Jackson Drain unless the drain is improved as a water amenity as set forth in UDC 11-1A-1. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 7-foot wide attached sidewalk exists along Locust Grove Road; no sidewalk exists along Wilson Lane. The UDC requires detached sidewalks to be provided along arterial streets (i.e. Locust Grove); however, because the sidewalk along Locust Grove is fairly new, staff does not recommend it is torn out and reconstructed. Staff recommends a 5-foot wide attached sidewalk is constructed along Wilson Lane as proposed. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 11 required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian and Settler’s Irrigation Districts. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Stormwater is proposed to be retained on-site in seepage beds. In summary, Staff recommends approval of the proposed AZ, CUP and PP applications with the development agreement provisions and conditions included in Exhibit of this report in accord with the findings contained in Exhibit D if Council determines a “step” down in density from HDR to MHDR is appropriate for this site. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Concept Plan (dated: 7/1/16 8/16/16), Floor Plan & Open Space Exhibit (dated: 8/16/16) 3. Proposed Preliminary Plat & Phasing Plan (dated: 6/20/2016) 3. Proposed Landscape Plan (dated: 6/20/16) (NOT APPROVED) 4. Proposed Building Elevations & Renderings B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map EXHIBIT A - 2 - Exhibit A.2: Proposed Site Concept Plan (dated: 7/1/16 8/16/16), Floor Plan & Open Space Exhibit (dated: 8/16/16) EXHIBIT A - 3 - EXHIBIT A - 4 - Exhibit A.3: Proposed Preliminary Plat (dated: 6/20/2016 8/16/16) & Phasing Plan (dated: 9/20/16) EXHIBIT A - 5 - Exhibit A.4: Proposed Landscape Plan (dated: 6/20/16 8/18/2016) EXHIBIT A - 6 - Exhibit A.5: Proposed Building Elevations & Renderings EXHIBIT A - 7 - EXHIBIT A - 8 - EXHIBIT A - 9 - EXHIBIT A - 10 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to signature on the final plat by the City Engineer. b. Future development of this site shall substantially comply with the preliminary plat, site plan and landscape plan included in Exhibit A and the conditions contained herein. c. A maximum of 204 residential dwelling units shall be constructed within this development. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual (ASM). Additional building types shall be provided that include a mix of colors and materials for variety within the development in accord with the ASM (Goal R1.20). Windows are required on all elevations that face areas used for children’s recreation to allow views of these areas, including those on Lots 17, 18 and 21 that face the common area on the adjacent development to the east. e. At a minimum, site amenities shall be provided for this development from each of the amenity categories as follows: a clubhouse with an exercise facility and lounge area, 2 gazebos, a tot lot, and a dog park (or open space) as quality of life amenities; a 50’ x 100’ open grassy area as an open space amenity; and a segment of the City’s multi-use pathway system, a swimming pool, tot lot with children’s play equipment and walking trails as recreation amenities in accord with the standards listed in UDC 11-3G-3C and 11-4-3-27D. f. A minimum of 2.76 acres of qualified open space shall be provided within this development as set forth in UDC 11-3G-3 and 11-4-3-27. g. The Settler’s Canal/Jackson Drain which runs along the southern boundary of this site shall be piped or otherwise covered as set forth in UDC 11-3A-6A.3, unless a waiver is approved by City Council for the waterway to remain open as requested by the applicant. Council approved a waiver to UDC 11-3A-6A.3 to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy for the first structure within the development. b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-27B.3 which requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for EXHIBIT A - 11 - each unit. 1.1.3 The revised site plan included in Exhibit A.2, dated July 1, 2016, shall be modified as follows: a. Depict a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. Depict bicycle racks interspersed throughout the development with a minimum total of 20 bicycle spaces in accord with UDC 11-3C-5C and 11-3C-6G. c. Depict a 6-foot tall open vision fence with an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway (Settler’s Canal/Jackson Drain); or, improve the drain as a water amenity as set forth in UDC 11-1A, per UDC 11-3A-6B. d. Depict pathway connections to the sidewalks along Locust Grove and Wilson Lane from internal pathways. e. Relocate the common area (depicted as a dog park) on the south side of Lots 20 and 21 to the north side of those lots Lots 18 and 19, Block 1. f. Depict a safe location for children to wait for the school bus as set forth in the adopted COMPASS regional long-range transportation plan; location of which as recommended by the school district. 1.1.4 The landscape plan included in Exhibit A.4, dated June 20, 2016, shall be revised as follows: a. All elevations that face E. Wilson Lane and N. Locust Grove Road shall have landscaping along their foundations that comply with the minimum standards listed in UDC 11-4-3-27E.2. b. Revise the landscape plan to coincide with the revised site layout. 1.1.5 The revised preliminary plat included in Exhibit A.3, dated August 11, 2016, is approved as submitted unless Council does not approve a waiver to UDC 11-3A-3 for access via Locust Grove Road. In such case, the plat (and associated plans) should be revised to reflect access via Wilson Lane. Council approved a waiver to UDC 11-3A-3 for access via Locust Grove Road. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7. 1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. EXHIBIT A - 12 - 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Standards Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 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. 1.4 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 conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to obtain City Engineer signature on a final plat within two (2) years of approval of the preliminary plat; or, obtain approval of a time extension as set forth in UDC 11-6B-7. 1.4.4 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. EXHIBIT A - 13 - 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 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. The plan will need to include the installation of Type 2 lighting along E Wilson Lane, and a type 1 (LED fixture at a 35' mounting heights with at 12' mast arm) light on Locust Grove Road, 300' south of Wilson Lane. 2.1.2 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu of blow-offs. 2.1.3 The timing for the issuance of building permits shall be after the satisfactory completion of the following pre-requisite items: a. The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b. The sanitary sewer system shall be installed and tested. c. At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). d. At a minimum, temporary street signs will need to be in place. 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 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 EXHIBIT A - 14 - 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 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. 2.2.10 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. 2.2.11 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. 2.2.12 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. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.15 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.16 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. 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 100 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. EXHIBIT A - 15 - 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. 2.2.21 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 comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 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. 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 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. 4.4 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. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. EXHIBIT A - 16 - 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. 4.9 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. 4.10 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.11 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) 4.12 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.14 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.15 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.18 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.19 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.20 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. EXHIBIT A - 17 - 5. REPUBLIC SERVICES 5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of trash enclosures prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 6.2 Extend the 10-foot wide multi-use pathway that exists on the property to the east along the southern boundary of the site to the sidewalk along N. Locust Grove Road in accord with the Pathways Master Plan. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional right-of-way to total 59-feet from the centerline of Locust Grove Road abutting the site. 7.1.2 Replace broken or deteriorated curb, gutter, or sidewalk on Locust Grove Road abutting the site. 7.1.3 Complete Wilson Lane as a 40-foot street section with vertical curb, gutter, and a 5-foot wide attached concrete sidewalk abutting the site, as proposed. 7.1.4 Maintain the existing 30-foot wide driveway onto Locust Grove Road located 300-feet south of Wilson Lane. Reconstruct the driveway as a curb return driveway with a 30-foot radii. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of Locust Grove Road. This driveway may be widened to 36-feet in width. 7.1.5 Construct two 54-foot wide driveways onto Wilson Lane with two 21-foot wide travel lanes and a 12-foot wide center landscape island located 840-feet east of Locust Grove Road, as proposed. Pave the driveway its full width at least 30 feet into the site beyond the edge of pavement of Wilson Lane. 7.1.6 Install “NO PARKING” signs on both sides of Wilson Lane from Locust Grove east 500-feet. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 Comply with all Standard Conditions of Approval. 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). 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, 7203.3, 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. EXHIBIT A - 18 - 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 ap plicant. 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. 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. 7.2.8 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 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 - 19 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A - 20 - EXHIBIT A - 21 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to R-40 is consistent with the HDR FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-40 zoning district is consistent with the purpose statements of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing se rvices to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 zoning district and the specific use standards for multi-family developments. EXHIBIT A - 22 - b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use will be harmonious with the Comprehensive Plan if Council with approval of a “step” down in density as allowed in the Plan. The proposed use is in accord with UDC requirements. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with existing residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. 3. PRELIMINARY PLAT: EXHIBIT A - 23 - 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 with approval of a “step” down in density from HDR as allowed in the Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer 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 provided by public service providers (i.e., Police, Fire, ACHD, etc.), 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. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council finds there are no significant natural, scenic or historic features associated with this property that need to be preserved with development of this site.