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43 North Sub (H-2016-0090)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0090 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat consisting of twenty one (21) building lots and four (4) common lots on 1.81 Acres of Land with an R-15 Zoning District, for the Property located at 1318 NE 4th Street, in the NW ¼ of Section 7, Township 3 North, Range 1 East, by KGA Development, LLC. Case No(s). H-2016-0090 For the City Council Hearing Date of: December 20, 2016 (Findings on January 5th, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0090 - 2 - 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 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 is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0090 - 3 - 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 December 20, 2016 Exhibit A 43 - North Subdivision H-2016-0090 PAGE 1 STAFF REPORT Hearing Date: December 20, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 43 - North Subdivision – H-2016-0090 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, KGA Development, LLC, has submitted an application for a preliminary plat (PP) consisting of twenty-one (21) building lots and four (4) common lots in the R-15 zoning district for 43-North Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. Planning & Zoning Commission heard this item on November 17, 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: Sabrina Durtschi ii. In opposition: Lucille Leavell iii. Commenting: Lucille Leavell, Tuck Ewing iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Lack of open space due to the acreage of the site being below the 5 acre threshold. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the PP request. a. Summary of City Council Public Hearing: i. In favor: Sabrina Durtschi ii. In opposition: None iii. Commenting: Tuck Ewing iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. Whether it is the applicant’s responsibility to pay for and construct utility stubs to adjacent properties when 4th Street is constructed. Exhibit A 43 - North Subdivision H-2016-0090 PAGE 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0090, as presented in the staff report for the hearing date of November 15, 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-2016-0090, as presented during the hearing on November 15, 2016, for the following reasons: (Add any proposed modifications). Continuance I move to continue File Number H-2016-0090 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 1318 NE 4th Street, in the NW ¼ of Section 7, Township 3 North, Range 1 East. B. Owner/Applicant: KGA Development, Inc. 3843 Daisy Creek Street Meridian, ID 83642 C. Representative: Sabrina Durtschi, Briggs Engineering 1800 W. Overland Road Meridian, ID 83705 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is a preliminary plat and alternative compliance. A public hearing is required before the Planning & Zoning Commission and City Council on this matter and alternative compliance requires Director Approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 19 and October 3, 2016 (Commission); November 28 and December 12, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: September 19, 2016 (Commission); November 21, 2016 (Council) D. Applicant posted notice on site(s) on: September 26, 2016 (Commission); December 8, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The property consists of single-family homes zoned R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Exhibit A 43 - North Subdivision H-2016-0090 PAGE 3 1. North: Multi-family residential properties in Creekside Arbour Apartments, zoned R-15 and Elm Grove Mobile Home Park, zoned R-8. 2. East: Multi-family residential properties in Creekside Arbour Apartments, zoned R-15 3. South: Multi-family residential properties in Miramont Apartments, zoned R-15 4. West: Vacant and single-family residential property zoned R-8 and R-15. C. History of Previous Actions: 1. In 2000, the property was rezoned from R-8 and R-15 to entirely R-15 (RZ-00-001, Ordinance #865). D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of this project lies within 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 building elevations submitted by the applicant show a mixture of materials as well as building modulation along NE 4th Street. The applicant proposes to develop the property with twenty-one (21) single-family attached dwellings at a gross density of 11.29 dwelling units per acre (d.u./acre). Staff finds the density proposed by the applicant with the preliminary plat is generally consistent with the HDR designation set forth in the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, Page 56) Exhibit A 43 - North Subdivision H-2016-0090 PAGE 4 2. If approved, the proposed single-family attached dwellings would contribute to the variety of housing types available within the City, consistent with the surrounding residential developments.”Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A Page 55) The plat as designed provides no useable open space (none is required), except the private patios and the limited landscaping along the street and the rear of the units. Since the site is less than 5 acres in size, the UDC does not require qualifying open space or site amenities to be incorporated into the project. 3. “Require common area in all subdivisions.” (3.07.02F Page 55) The proposed plat does not depict any common areas. 4. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C Page 55) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Creekside Arbour Apartments to the north as well as a sidewalk along the proposed NE 4th Street extension. 5. “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 Page 45) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 6. “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 Main Street, this property is ideal for providing higher density housing options. 7. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) The applicant is proposing to construct a 5 foot sidewalk along NE 4th Street as well as along the proposed common driveways in order to provide pedestrian access to all of the proposed lots. 8. “Use the Design Manual.” (3.07.02E) The architectural elevations provided by the applicant appear to meet the standards set forth for residential properties. The applicant included a variety of materials, architectural features and colors as well as to modulate the building from Ne 4th Street in order to enhance the design of the project. 9. “Encourage infill development.” (3.01.02B) The subject property is surrounded by property that has been developed with single family and multi-family residential. This property has been under-developed for many years and is near downtown which makes it a good candidate for quality infill redevelopment. Staff believes the plat and housing units as designed provide enough variation to demonstrate individual identity as desired by the Comprehensive Plan. 10. “Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes.” Exhibit A 43 - North Subdivision H-2016-0090 PAGE 5 Staff reviews the design of attached single-family homes. The applicant has provided variation in building design, and has provided modulation in building distance from the proposed NE 4th Street. Based on the above analysis, staff finds that the proposed development is consistent with the Comprehensive Plan and recommends approval. 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. The medium- high density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family attached dwellings is principally permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-7 for the R-15 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Single-family attached homes are subject to design review. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat: The proposed plat consists of twenty-two (21) building lots and four (4) common lot on 1.813 acres of land in the R-15 zoning district (see Exhibit A.2). The gross density for the subdivision is 11.29 d.u./acre. The average lot size is 2,658 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Common Driveways: The applicant is proposing two (2) common driveways in this project. All common driveways should comply with the standards listed in UDC 11-6C-3D. Staff has reviewed the dimensions of the common driveways depicted on the plat and they are consistent with these standards. Unless limited by a significant geographical feature, or separated by a minimum 5-foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. Exhibit A 43 - North Subdivision H-2016-0090 PAGE 6 Alternative Compliance: The applicant is seeking approval of an alternative compliance request to section 11-6C-3 of the UDC. This specific section relates to common driveways, and the applicant has made the following requests: 1. To allow for a five foot sidewalk instead of a five foot landscape buffer to any lots that do not take access to a common driveway. Staff is supportive of the proposed sidewalk along the common driveway instead of the 5 foot landscape buffer. The applicant shall place the five foot sidewalk within the common driveway lot. Existing Structures: There are several existing structures on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-7 for the R-15 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Access: Vehicular access is proposed for this site via one access to East Badley Avenue and on to NE 4th Street by way of a 22-foot common lot. As proposed ten of the lots have direct lot access to NE. 4th Street. Since this is a local roadway, UDC does not prohibit access to either of these roadways. Streets: The proposed NE 4th Street depicted on the plat is a public street. A total of 50-feet of right-of-way is proposed for NE 4th Street, which the applicant is proposing to construct half plus twelve. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct a 5-foot wide attached sidewalk along NE 4th Street. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11- 3A-7. 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. The applicant is proposing to use City’s domestic water as irrigation, however as noted in UDC 11-3A-15.C, the applicant has not provided a waiver of requirements from the irrigation district of proof that they do not have water rights. Use of the City’s domestic water as irrigation shall be a last option in providing irrigation water to a proposed development. Building Elevations: The applicant is proposing attached single-family homes. The applicant has submitted conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of shingle siding, lap siding and architectural shingles with stone accents. The elevations provided by the applicant appear to meet the standards set forth in UDC 11-3A-19 or the standards set forth in the City of Meridian Architectural Standards Manual for residential properties. Exhibit A 43 - North Subdivision H-2016-0090 PAGE 7 Administrative Design Review (DES): A DES application is required to be submitted prior to issuance of building permits for the single family attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In accord with the Findings contained in Exhibit C, Staff recommends approval of the proposed preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 10/28/16) 3. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A 43 - North Subdivision H-2016-0090 PAGE 9 A. Drawings 1. Vicinity Map Exhibit A 43 - North Subdivision H-2016-0090 PAGE 10 2. Proposed Preliminary Plat (dated: 10/28/16) Exhibit A 43 - North Subdivision H-2016-0090 PAGE 13 3. Conceptual Building Elevations (NOT APPROVED) Exhibit A 43 - North Subdivision H-2016-0090 PAGE 14 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (RZ-00-001, Ordinance #865). 1.1.2 The preliminary plat included in Exhibit A.2, dated 10/28/16, shall be revised as follows: a. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. b. Staff is supportive of the proposed sidewalk along the common driveway instead of the 5 foot landscape buffer. The applicant shall place the five foot sidewalk within the common driveway lot as proposed. 1.1.3 The applicant shall include a note on the final plat that indicates that for all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.1.4 A DES application is required to be submitted prior to issuance of building permits for the single- family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations along NE 4th Street for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 1.1.3 Per UDC 11-5B-5B2, the Director approved the applicant’s request for alternative compliance to the common driveway standards listed in UDC 11-6C-3D per the site plan included in Exhibit A.2. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to connect to the existing water main located in E. Badley Avenue, and the main located within NE 4th Street, thereby looping the water system into all available locations. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 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 Exhibit A 43 - North Subdivision H-2016-0090 PAGE 15 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 the City Engineers signatures on the final plat. 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 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. Exhibit A 43 - North Subdivision H-2016-0090 PAGE 16 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 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 did not provide comments on this application. 4. FIRE DEPARTMENT 3.1 The Fire Department did not provide comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application Exhibit A 43 - North Subdivision H-2016-0090 PAGE 17 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct NE 4th Street as ½ of a 33-36-foot street section plus 12-feet of additional pavement widening beyond the centerline to include construction of a 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff on the unimproved side. Provide written fire department approval for any street section less than 36-feet wide. 7.1.2 Improve NE 4th Street with vertical curb, gutter, 5-foot wide attached concrete sidewalk, and dedicate 20-feet of right-of-way from the centerline of NE 4th Street extending 2-feet behind the back edge of the sidewalk. 7.1.3 Improve Bradley Street with vertical curb, gutter, and 5-foot wide attached concrete sidewalks. 7.1.4 Construct a 25-foot wide curb cut type driveway onto NE 4th Street located on the south property line. 7.1.5 Pave the driveway its full width and at least 30-feet into the site beyond the edge of NE 4th Street abutting the site. 7.1.6 Construct a 20-foot wide curb cut type driveway onto Bradley Avenue located approximately 108–feet east of NE 4th Street (measured centerline-to-centerline). 7.1.7 Pave the driveway its full width and at least 30-feet into the site beyond the edge of Bradley Avenue abutting the site. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 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. 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 Exhibit A 43 - North Subdivision H-2016-0090 PAGE 18 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 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 43 - North Subdivision H-2016-0090 PAGE 19 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; Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to design 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; 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 development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council considers comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented to them when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered any public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Commission is unaware. 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Exhibit A 43 - North Subdivision H-2016-0090 PAGE 20 The Director finds that strict adherence to the common driveway standards is feasible given the ability to design the project to meet those requirements. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s common driveway standards. UDC 11-6C-3D.5 requires that any lot that abuts a common driveway either provide vehicular access to the common driveway, or provide a 5 foot landscape buffer. The applicant is proposing to provide a 5 foot sidewalk in place of the landscape buffer in order to provide pedestrian access to the lots on the common driveway. Therefore, the Director finds that five foot sidewalk along the common driveway as proposed by the applicant provides an equal means for complying with the common driveway standards set forth in UDC 11-6C. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative to the common driveway standards will not be detrimental to the public welfare or impair the use/character of the surrounding properties.