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Hastings Sub NO. 3 H-2017-0032CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0032 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Remove the Number of Office Buildings that Can be Constructed within the Development; and a Combined Preliminary and Final Plat Consisting of Eleven (11) Building Lots on 3.48 Acres of Land in the L- O Zoning District, by Encore Development, LLC. Case No(s). H-2017-0032 For the City Council Hearing Date of: June 6, 2017 (Findings on June 13, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 2017, 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 FILE NO(S). H-2017-0032 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 6, 2017, 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 a modification to the development agreement; and a combined preliminary and final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 6, 2017, 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 Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 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. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0032 - 3 - 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. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 6, 2017 By action of the City Council at its regular meeting held on the /3 day of 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tammy Attest: m y Cd4s r '9 ��yy �o- City Clerk VOTED Yf4 VOTED Y4 VOTED VOTED VOTED VOTED 44 VOTED `" Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C , �1 - y Co Z&� Dated: I (� "/V( / City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0032 - 4 - EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 1 STAFF REPORT HEARING DATE: June 6, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hastings Subdivision No. 3 – PFP, MDA (H-2017-0032) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Encore Development, LLC, has submitted an application for a combined preliminary and final plat (PFP) consisting of 11 building lots on 3.48 acres of land in the L-O zoning district. A modification to the existing development agreement (MDA) is also requested to remove the number of office buildings that can be constructed within the development. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PFP and MDA applications based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The MDA does not require action from the Planning & Zoning Commission, only City Council. The Meridian Planning & Zoning Commission heard the PFP application on May 4, 2017. At the public hearing, the Commission moved to recommend approval of the subject PFP request. a. Summary of Commission Public Hearing: i. In favor: Kelly Kehrer, KM Engineering (Applicant’s Representative) ii. In opposition: None iii. Commenting: Tom Mannschreck, Robin Findl iv. Written testimony: Cheryl Walston, Josh & Sara Liddell, Thomas Mannschreck, and Tom Rudd. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Existing access, parking and high traffic volume in this area via Everest Lane, a private street. c. Key Issues of Discussion by Commission: i. Ownership of Everest Lane and possible solutions to traffic and parking issues (not created by this developer). d. Commission Change(s) to Staff Recommendation: i. Add a DA provision requiring the property owner to install “No Parking” signs along Everest Lane and paint the curb red signifying “no parking” adjacent to his property. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on June 6, 2017. At the public hearing, the Council approved the subject MDA and PFP requests. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 2 a. Summary of City Council Public Hearing: i. In favor: Kelly Kehrer ii. In opposition: None iii. Commenting: Tom Mannschreck, Tom Rudd iv. Written testimony: Tina Gosney v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Adequate parking for the proposed development should be provided on-site so that it doesn’t contribute to the parking problem along Everest Lane. c. Key Issues of Discussion by Council: i. High volume of traffic in this area and parking along Everest Lane, a private street (current issue not created by this developer). d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0032, as presented in the staff report for the hearing date of June 6, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0032, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0032 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 2100 & 2160 W. Everest Lane, in the NE ¼ of Section 26, Township 4 North, Range 1 West. (Parcel No’s. R5299430890 & R5299430880) B. Applicant: Encore Development, LLC 63 W. Riverbridge Eagle, ID 83616 C. Owner: Same as Applicant D. Representative: Kelly Kehrer, KM Engineering, LLP 9233 W. State Street Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 3 V. PROCESS FACTS A. The subject application is for a combined preliminary & final plat and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on the combined preliminary and final plat; and a public hearing is required only before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 14, 2017 (Commission); May 19, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: April 6, 2017 (Commission); May 11, 2017 (City Council) D. Applicant posted notice on site(s) on: April 21, 2017 (Commission); May 24, 2017 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of two undeveloped vacant lots, zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Chinden Blvd. and a golf course with single-family residences, zoned R-8 South: W. Everest Ln. (private street) and single-family residences, zoned R-4 East: School, zoned L-O West: Daycare and offices, zoned L-O C. History of Previous Actions: • In 2002, the larger Lochsa Falls development received the following approvals:  Annexation and zoning (AZ-02-010) with a development agreement recorded as Instrument No. 103012598 and an addendum recorded as Instrument No. 104033484;  Preliminary plat (PP-02-009) for Lochsa Falls Subdivision;  Conditional use permit (CUP-02-012) for a planned development in an R-4 zoning district; and, • In 2004, a final plat (FP-04-054) was approved for Lochsa Falls No. 12, which included the subject property as Lots 44 and 45, Block 49. • In 2007, a rezone (RZ-06-008) was approved from R-4 to L-O; and a modification to the conditional use permit/planned development (MCU-06-002) was approved to remove the detailed conditional use permit approval on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12. C. Utilities: 1. Location of sewer: The city currently owns and maintains sewer mains directly adjacent to the proposed development. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water and sewer mains and services to the project. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 4 D. Physical Features: 1. Canals/Ditches Irrigation: There are not any open waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed Use – Community (MU-C). The purpose of the MU-C designation is to allocate areas where community- service uses and dwellings are seamlessly integrated into the urban fabric. The intent of the MU-C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The applicant proposes to develop this 3.48 acre site with office and commercial uses, consistent with the MU-C designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Parking lot landscaping is required to be provided with development of this property. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The future commercial/office development of this property should be compatible with existing residential properties to the south which are separated by a private street and a landscape buffer. For the above reasons, staff believes the proposed development is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the L-O district consist of office uses and adaptive re-use of residential structures with limited hours of operation B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the L-O zoning district. No specific uses are proposed at this time. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 5 C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district apply to development of this site. D. Landscaping: Street buffer and parking lot landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3, UDC 11-3B-7C and UDC 11-3B-8C for the L-O zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): The existing development agreement (DA) (Instrument No. 103012598) restricts the number of office buildings within the Lochsa Falls development to a maximum of 11. A modification to the DA is requested to remove that restriction in its entirety (see Exhibit 5). Because office uses are consistent with the Comprehensive Plan for this site, allowed in the L-O zoning district, and a Certificate of Zoning Compliance and Design Review is required for the proposed structures and site design, staff is amenable to the applicant’s requested modification. PRELIMINARY/FINAL PLAT (PFP): A combined preliminary and final plat is proposed consisting of 11 building lots on 3.48 acres of land in the L-O zoning district for Hastings Subdivision No. 3 (see Exhibits A.2 and A.3). This is a re-subdivision of Lots 44 and 45, Block 49, Lochsa Falls Subdivision No. 12. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district and found the plat in compliance with those standards. Future construction on these lots shall be consistent with these standards. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access will be provided to the proposed lots via W. Everest Lane, a private street. The lots to the east and west did not provide for cross-access to this property; therefore, none is required with this development. Landscaping: A 10-foot wide street buffer is required to be provided along W. Everest Lane, a private street, as set forth in UDC Table 11-2B-3; the buffer should be on a common lot or on a permanent dedicated buffer depicted on the plat. Landscaping within the street buffer should be provided in accord with the standards listed in UDC 11-3B-7C. The landscaping shown on the landscape plan complies with these standards (see Exhibit A.4). Fencing: No fencing is depicted on the landscape plan for this site. Fencing exists along the north, east and south perimeter boundaries of this site. All new fencing should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 5-foot wide attached sidewalk is required to be constructed along W. Everest Lane as depicted on the landscape plan. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 6 Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. 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. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application prior to construction to ensure all construction and site improvements comply with the conditions in this report and the provisions of the UDC, per 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 layout and design of all structures on the site is required to be consistent with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 3/13/2017) 3. Final Plat (dated: 3/13/2017) 4. Landscape Plan (date: 3/1/17) 5. Proposed Modification to Development Agreement B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 7 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 8 Exhibit A.2: Preliminary Plat (dated: 3/13/2017) EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 9 Exhibit A.3: Final Plat (dated: 3/13/17) EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 10 Exhibit A.4: Landscape Plan (dated: 3/1/2017) EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 11 5. Proposed Modification to Development Agreement (Proposed modification is shown in strike-out format) Excerpt from Development Agreement (Instrument No. 103012598): “4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under “City’s” Zoning Ordinance codified at Meridian City Code Section 11-7-2(C) which are herein specified as follows: Construction and development of 856 single-family dwellings, 171 multiple family dwellings, 11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot, consistent with the Preliminary Plat and Conditional use Permit. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single-Family Residential, and go through the planned development process and as conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement.” The Commission requested the following provision is added to the amended Development Agreement: “The property owner of Hastings Subdivision No. 3 shall install “No Parking” signs along Everest Lane and paint the curb red signifying “no parking” adjacent to the property.” EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 12 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the preliminary and final plat included in Exhibit A, the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual, and the conditions in this report. 1.1.2 The preliminary plat included in Exhibit A.2, dated 3/13/2017, shall be revised as follows: a. A 10-foot wide street buffer is required to be provided along W. Everest Lane, a private street, as set forth in UDC Table 11-2B-3; the buffer should be on a common lot or on a permanent dedicated buffer depicted on the plat. 1.1.3 The final plat included in Exhibit A.3, dated April 1, 2015, shall be revised as follows: a. 10-foot wide street buffer is required to be provided along W. Everest Lane, a private street, as set forth in UDC Table 11-2B-3; the buffer should be on a common lot or on a permanent dedicated buffer depicted on the plat. 1.1.4 The landscape plan included in Exhibit A.4, dated April 6, 2015, is approved as submitted. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the L-O zoning 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. 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. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 13 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 Architectural 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. 1.2.18 100 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. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.4.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.4.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.7 The property owner shall sign the amended development agreement and return such to the City within 6 months of the Council granting this development agreement modification request as set forth in UDC 11-5B-3D2; or, prior to submittal of the Certificate of Zoning Compliance application(s) for the 11th office building in the overall Lochsa Falls development. 1.4.8 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 14 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the installation of additional water and sewer mains and services to the subject development. 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 signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 15 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 16 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 public 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. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT The Ada County Highway District has reviewed the submitted application and has determined that there are no improvements required to the adjacent street(s). The proposed plat is approved without conditions. EXHIBIT A Hastings Sub 3 – PFP, MDA (H-2017-0032) PAGE 17 C. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services 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.), the City Council finds there is 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 is unaware of any significant natural, scenic or historic features that exist on this site.