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Nursery Sub PP H-2017-0018CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 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 29 building lots and 5 common lots on 5.45 acres of land in the R-8 zoning district by, JLJ, Inc.. Case No(s). H-2017-0048 For the City Council Hearing Date of: July 5, 2017 (Findings on June 18, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 5, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 5, 2017, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 2 - 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 approved with the requirement of a development agreement; and short plat is hereby approved per the provisions in the Staff Report for the hearing date of July 5, 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 3 - 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 July 5, 2017 By action of the City Council at its regular meeting held on the [ day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED 7CA COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED A l� COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C.by Col( City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. r /� ► By: Dated: C CityClerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0048 - 4 Nursery Subdivision H-2017-0048 PAGE 1 STAFF REPORT Hearing Date: July 5, 2017 (Continued from June 27, 2017) TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2017-0048 – Nursery Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, JLJ, Inc., has submitted an application for a preliminary plat (PP) consisting of twenty nine (29) building lots and five (5) common lot on 5.45 acres of land in the R-8 zoning district for Nursery Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on June 1, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Jim Jewett, Derek Kerner ii. In opposition: Renee Jones iii. Commenting: Bob Clamer, Bret Carpenter, Renee Jones iv. Written testimony: Jim Jewett (Applicant) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Traffic through the area, and concerns over the number of entrances to the subdivision for the number of homes. c. Discussion by Commission: i. The number of access points out of the area. ii. Whether or not the applicant coordinated with the adjacent HOA to share amenities. iii. Is it possible to have an entrance off of Linder Road for this development? iv. Concerns about the lack of open space and amenities for the development. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.2a as follows “The applicant shall provide additional open space in order to meet the 10% requirement. The applicant shall convert Lot 23, Block 1 into a common lot. e. Outstanding Issue(s) for City Council: i. None Nursery Subdivision H-2017-0048 PAGE 2 The Meridian City Council heard these items on July 5, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Jewett ii. In opposition: None iii. Commenting: None 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. None c. Key Council Changes to Staff/Commission Recommendation ii. None 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-2017-0048, as presented in the staff report for the hearing date of June 1, 2017, 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-2017-0048, as presented during the hearing on June 1, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0048 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 570 S. Linder Road, in the NW ¼ of Section 13, Township 3 North, Range 1 West. B. Owner: JLJ, Inc. 167 E. White Spur St. Meridian, ID 83642 C. Applicant: JLJ, Inc. 167 E. White Spur St. Meridian, ID 83642 D. Representative: Sawtooth Land Surveying/ Nick Bennett 2030 S. Washington Avenue Emmett, ID 83617 Nursery Subdivision H-2017-0048 PAGE 3 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 12, 2017 (Commission) June 9, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: May 4, 2017 (Commission) June 5, 2017 (Council) D. Applicant posted notice on site(s) on: May 17, 2017 (Commission) June 23, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The site is vacant with an R-8 zoning designation. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property zoned R-4 (Mallard Landing) 2. East: Single-family residential property zoned R-4 (Mallard Landing) 3. South: Single-family residential property zoned R-4 (Mallard Landing) 4. West: Single-family residential property zoned R-4 (Van Hees Sub) C. History of Previous Actions: 1. In 2006 the property was annexed and zoned as Nursery Subdivision (AZ-06-038) and granted preliminary plat approval for 25 residential lots and 4 common lots (PP-06-036). D. Utilities: 1. Location of sewer: Sanitary sewer intended to serve this development currently exist in S. Linder Road. 2. Location of water: Domestic water intended to serve this development currently exist at the terminus of S. Tylee way and S. Linder Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. 2. Hazards: None 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive Plan anticipates densities between 3 to 8 dwelling units per acre. The proposed preliminary plat depicts a residential subdivision consisting of twenty-nine (29) single-family detached homes on 5.45 acres of land at a gross density of 5.28 dwelling units per Nursery Subdivision H-2017-0048 PAGE 4 acre and a net density of 7.65 dwelling units per acre. The proposed density falls within the density requirements of the UDC. For these reasons, staff finds the proposed development is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of a mix of medium-low density residential developments.  “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) The proposed development is adjacent to properties annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21.  “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is surrounded by properties developed at suburban densities consistent with the density of the proposed residential development. The proposed development will also consist of single family detached homes. The proposed lots are similar to the adjacent subdivisions, the proposed lot sizes comply with the dimensional standards of the proposed R-8 zone and the requirements of the recorded development agreement.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.”(3.05.02C) The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site.  “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 0.62 of an acre (or 12%) of qualified open space/common area to be provided on the site. The applicant is proposing a pathway, an open space common lot, and half of the Linder Road landscape buffer as open space.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Staff is supportive of the proposed pedestrian connection to Linder Road via the proposed pathway, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with The Landing Subdivision. After considering all of these factors staff finds that the proposed development is generally consistent with comprehensive plan. 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 Nursery Subdivision H-2017-0048 PAGE 5 low-density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat The proposed plat consists of twenty-nine (29) building lots, and five (5) common area lot. The plat is proposed to develop in one phase. The gross density for the subdivision is 5.28 d.u./acre and the net density is 7.65 d.u./acre. The minimum lot size is 5,005 square feet and the Average lot size is 5,935 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with these 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 in compliance with this standard. Traffic Impact Study (TIS): ACHD did not require a TIS for this development. Landscaping: The landscape plan prepared by The Land Group, on 04/05/2017, is approved with the following modifications/notes:  The pedestrian pathway along the east side of Linder Road is measures 5 feet in width for this entire section of Linder Road, so the Park Department has agreed that a 5-foot wide section would be appropriate for this section as well. The proposed 10-foot multi-use pathway that would connects Linder Road to the eastern property line though a nice addition to the project hold little utility as a 10-foot section. This pathway will dead end on the east side of Lot 34, Block 1, and therefor will be of little use. Additionally because this is not on the adopted pathways master plan, it cannot be used to meet the open space requirement for the plat. The applicant will need to provide additional open space in order to meet the 10% requirement. Staff’s suggestion is that Lot 23, Block 1 be converted to a common lot. Though the pathway cannot be used as open space, it can be used as an amenity. Staff will require a 5 foot micropath through Lots, 31, 32 and 33. The section of pathway that runs through Lot 34 can be converted back into the buildable lot for Lot 1. All micropaths shall be shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12.  The UDC requires a 5-foot landscape buffer on both sides of the proposed micro-pathway. In order to meet the width requirement, and in order to plant vegetation that is required by Nursery Subdivision H-2017-0048 PAGE 6 the UDC, the applicant shall provide an additional 5 feet of landscaping outside of the existing 20 foot irrigation easement.  Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site.  A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Irrigation Easement: An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement shall be located within a common lot as required by the UDC. Common Areas: Maintenance of all common areas should be the responsibility of the Nursery Subdivision Homeowners Association. Stub Streets: The applicant should be required to provide a public stub street to Parcel #S1213233965, the Calhoun property, as proposed. Common Drive: The common drive proposed for Lots 4, 5 and 6, Block 1 should be design in accordance with UDC 11-6C-3D. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings should be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Fencing: Six (6) foot vinyl fencing is shown on the preliminary plat adjacent to S. Linder Road and four (4) foot open-vision fencing is proposed along the proposed multi-use pathway. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing adjacent to all multi-use pathways and common areas is also required; this fencing should be constructed as up to six foot open vision or four foot solid. All fencing shall be installed in accordance with UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. Nursery Subdivision H-2017-0048 PAGE 7 Building Elevations: The applicant has submitted 3 conceptual building elevation renderings and 2 photos for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a variety of siding materials and patterns, and stucco with stone veneer accents. Design review is not required for single-family detached homes. If 2-story homes are constructed on Lots 11 and 12, Block 2, they will be highly visible from E. Victory Road, an arterial street. Therefore, staff recommends the rear elevations of 2-story homes incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. In summary, staff recommends approval of the proposed preliminary plat request for this site and with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 03/22/2017) 3. Proposed Landscape Plan (dated: 9/19/06) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code PAGE 7 A. Drawings 1. Vicinity/Zoning Map PAGE 8 2. Proposed Preliminary Plat (dated: 03/22/2017) PAGE 9 3. Proposed Landscape Plan (dated: 04/05/2017) - 2 - 4. Conceptual Building Elevations - 3 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 03/22/17, is approved with the conditions listed herein. 1.1.2 Prior to submittal of the final plat application, the landscape plan included in Exhibit A.3, dated 04/05/17, shall be revised as follows: a. The applicant shall provide additional open space in order to meet the 10% requirement. The applicant shall convert Lot 23, Block 1 into a common lot. b. The applicant shall submit a revised landscape table indicating which areas are being used to meet the open space requirement. c. The micro pathway shall be constructed in accordance with UDC 11-3A-8. d. UDC 11-3B-12 requires a 5-foot landscape buffer on both sides of the proposed micro pathway. In order to meet the width requirement, and in order to plant vegetation that meets the requirements outlined in 11-3B-12, the applicant shall provide an additional 5 feet of landscaping on the north side of the pathway outside of the existing 20 foot irrigation easement and obtain a license agreement from the irrigation district to plant vegetation on the south side. 1.1.3 The multi-use pathway along the Kennedy Canal shall be located in a common lot. 1.1.3 All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1.1.4 Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. 1.1.5 A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14 1.1.6 The street light locations shown in the preliminary plat drawing meet requirements. However, the light at the subdivision entrance should be moved across Whitelaw Ct. to the south side of lot 1 near the existing pedestrian ramp. This will better light the intersection and pedestrian crossing. A street light plan is required to be included in the final plat application. The 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. 1.1.7 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.8 The applicant shall provide a public stub street to Parcel #S1213233965, the Calhoun property, as proposed. 1.1.9 The common drive proposed for Lots 4, 5 and 6, Block 1 shall be design in accordance with UDC 11-6C-3D. 1.1.10 All existing buildings shall be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. - 4 - 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. - 5 - 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Domestic water intended to serve this development currently exist at the terminus of S. Tylee way and S. Linder Road. Applicant shall be required to complete the connection to both existing mains in order to complete the loop. 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. - 6 - 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, 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. - 7 - 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. 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. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 The emergency access road must be able to hold 75,000 pounds. The applicant shall work with the Meridian Fire Department on the design on the emergency access road. 4.2 The applicant shall revise the plans to indicate the location of any fire hydrants. 5. REPUBLIC SERVICES 5.1 Lots taking access from a common driveway shall bring trash totes to the end of the common driveway for trash removal. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10 foot wide multi-use pathway along the Kennedy Lateral as proposed in drawings. A pedestrian pathway easement is required. 6.2 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4-inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11-3B-10C. 7. ADA COUNTY HIGHWAY DISTRICT (At the date of this staff report, staff had not received comments from ACHD) - 8 - D. 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 Comprehensive Plan in regard to land use, transportation, and circulation and will be consistent with the density of the MDR FLUM designation. 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 relies upon 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 when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware.