Loading...
Summerwood - PP H-2017-0083CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0083 - 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 26 Building Lots and 5 Common Lots on 9.98 Acres of Land in an R-4 Zoning District for Summerwood Subdivision, by WHPacific. Case No(s). H-2017-0083 For the City Council Hearing Date of: August 15, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 15, 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 August 15, 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-2017-0083 - 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 a modification to the development agreement and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 15, 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-2017-0083 - 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 August 15, 2017 By action of the City Council at its regular meeting held on the l V, day of , 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED /C4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED r Va COUNCIL MEMBER TY PALMER. VOTED 110 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MI.LAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tammy' Weerd Attest: Cit v Of o IDIAj W m 41AI V C.4dy Col%.— SEAL City Clerk Copy served upon Applicant, Community Development Department; Public Works Department and City Attorney. By: Cyv&yu Dated: >s buk- t o rv—+ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILENO(S). H-2017-0083 - 4 - Exhibit A Summerwood Sub H-2017-0083 PAGE 1 STAFF REPORT Hearing Date: August 15. 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Summerwood Subdivision – H-2017-0083 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jane Suggs, has applied for a preliminary plat (PP) consisting of twenty-six (26) single family residential building lots and five (5) common lots on 9.98 acres of land in an R-4 zoning district for Summerwood Subdivision. See Section IX of the staff report for more information. 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 D. The Meridian Planning & Zoning Commission heard these items on July 6, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Jane Suggs (applicant’s representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: i. None c. Discussion by Commission: i. The issue of two of the lots appearing to be what is considered “double-frontage” lots. ii. Will the applicant be required to install curb, gutter and sidewalk adjacent to Daphne Street as part of the project? iii. Is the open space and amenity package sufficient? d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.6 to read as follows “A common lot shall be placed adjacent to E. Daphne Street to ensure that Lots 2 and 3 of Block 3 do not have frontage on both W. Daphne Street and W. Milano Street.” e. Outstanding Issue(s) for City Council: i. None Exhibit A Summerwood Sub H-2017-0083 PAGE 2 The Meridian City Council heard these items on August 15, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jane Suggs 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 issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None 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 recommend approval of File Number H-2017-0083, as presented in the staff report for the hearing date of July 6, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2017-0083, as presented during the hearing on July 6, 2017, for the following reasons: You should state specific reasons for denial) Continuance I move to continue File NumberH-2017-0083 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4202 and 4052 W. Daphne Street, in the SW ¼ of Section 27, Township 4 North, Range 1 West. (Parcel #’s: R0982010125 & R0982010150) B. Owner(s): Bridgetower Investments, LLC 2228 W. Piazza Drive Meridian, ID 83646 C. Applicant/Agent: Jane Suggs, WHPacific 2141 W. Airport Way, Suite 104 Boise, ID 83705 D. 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 Exhibit A Summerwood Sub H-2017-0083 PAGE 3 Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 16, 2017 (Commission) July 28, 2017 (Council) C. Notices mailed to subject property owners on: June 8, 2017 (Commission) July 19, 2017 Council) D. Applicant posted notice on site(s) on: August 7, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: There is an existing residential home on each of the subject parcels, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land (future residential), zoned R-4 2. East: Single-family residential homes, zoned R-4 3. South: Rural residential properties, zoned RUT in Ada County 4. West: Rural residential properties, zoned RUT in Ada County C. History of Previous Actions: In 1972, a final plat was recorded that included the subject property as Lots 6 and 7, Block 2, Black Cat Estates No. 2 In 2006, the subject property was annexed (AZ-06-022) and zoned R-4; and a preliminary plat (PP-06-022) was approved for Prato Villas subdivision. A development agreement was required as a provision of annexation, recorded as Instrument No. 108087854. In 2008, the Director approved an 18 month time extension (TE-08-012) on the preliminary plat in order to obtain the City Engineer’s signature on a final plat. The preliminary plat later expired. In 2014, another preliminary plat (PP-13-043) was approved for the property consisting of 30 single-family homes. A final plat application was never submitted for the project and the preliminary plat subsequently expired. D. Utilities: 1. Location of sewer: The sanitary sewer main intended to provide service to this development currently exists in W. Wapoot Street as part of the Vicenza Subdivision. 2. Location of water: The domestic water main intended to provide service to this development currently exists in W. Wapoot Street as part of the Vicenza Subdivision. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Scribner Lateral and the East Drain run across the southwest corner of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. Exhibit A Summerwood Sub H-2017-0083 PAGE 4 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Low Density Residential” (LDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. This site is currently zoned R-4. The applicant proposes to develop the site with 26 single-family homes at a gross density of 2.62 dwelling units (d.u.) per acre, which is consistent with the target density of the LDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics ): 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 preliminary plat is for a low density single-family residential development, which should add to the variety of housing opportunities available in the City. The land to the north and east is proposed to develop at a slightly higher medium density while the existing properties to the south and west are a lower rural residential density. Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) All common area landscaping and site amenities are required to comply with the standards listed in UDC 11-3B and 11-3G-3. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. Require usable open space to be incorporated into new residential subdivision plats.” The applicant proposes to provide .80 acres (or 8.1% of the site) of common open space within the subdivision. The UDC 11-3G-3 requires that development consisting of 5 acres or more provide 10% of the development in open space. The applicant will need to revise the plat to include at least 10% qualified open space for the development or terminate the existing development agreement noted above and modify the recorded Volterra North DA to incorporate the subject property. Protect existing residential properties from incompatible land use development on adjacent parcels.” The site abuts other existing and future single-family residences. Because the existing, future and proposed uses are all single-family residential, the proposed development should be compatible. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” Water and sewer services can be reasonably extended to the subject property upon development. Police and fire protection are already provided as the property is within the existing City limits. Exhibit A Summerwood Sub H-2017-0083 PAGE 5 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 dimensional standards of the corresponding zone and housing types that can be accommodated.. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principally permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 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: Preliminary Plat The proposed plat consists of 26 building lots and 5 common lots on 9.98 acres of land in the R-4 zoning district. The minimum lot size proposed is 9,360 square feet (s.f.) with the average lot size being 11,938 s.f. The minimum living area of proposed dwelling units is required to be1,400 square feet (s.f.). The gross density is 2.62 dwelling units per acre, consistent with the LDR FLUM designation see Section VII above). Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.5 for the R-4 district and found it to comply with the minimum standards. Existing Structures: There are two existing homes on the site. The existing structures should be removed or relocated as applicable prior to signature by the City Engineer on the final plat in which they are located. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. At the time this property was annexed into the City, sewer and water services were not available; therefore, the existing homes were not connected. 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. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Exhibit A Summerwood Sub H-2017-0083 PAGE 6 Access: The primary access for this subdivision is at the south property boundary via W. Daphne Street. A public street is stubbed at the northeast boundary of the site (W. Wapoot Street) from Vicenza Subdivision No. 1. A stub street is proposed at the northwest boundary for future connection and interconnectivity upon redevelopment of the parcel to the west. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide attached sidewalks throughout the development. Landscaping/Open Space/Amenities: A landscape plan was submitted with this application as shown in Exhibit A.3. The proposed plan shows 8.1% qualified open space and does not comply with the minimum requirements set forth in UDC 11-3G. As part of this application, the applicant is requesting staff to evaluate the overall open space between the proposed development and Volterra North Subdivision to the north and east because it is under the same ownership. Staff reviewed the open space and amenities approved with the Volterra North plat to ensure that sufficient open space and site amenities were provided with that development to satisfy the requirements of the UDC with the added acreage. The amenities provided for the Volterra North plat include the following: 1) Tot Lot 2) Pool 3) Club House 4) 5% additional open space 5) Extension of the Meridian Pathway system 6) Public Art The Volterra North plat required nine (9) amenities and provided nine (9). With the proposed addition of 10 acres from this plat, the overall acreage is approximately 190 acres. The threshold to add one (1) additional amenity is 200 acres. The addition of the 10 acres from the proposed Summerwood plat meets the requirements of the UDC. The Volterra North plat provided 30.33 acres of common open space, which equaled approximately 17% of the total development area. The proposed Summerwood plat depicts 0.80 acres (8.1%) of qualifying open space. The primary amenity for this development is a 0.60 acre open space lot. Although the open space proposed with this plat is slightly under the UDC requirements of 10 percent, the overall qualifying open space between the two developments totals approximately 31.13 acres or 16.3%. Since the proposed development is under the same ownership and will be managed by the same HOA, staff finds the proposed subdivision meets the intent of the 10% open space and site amenity requirements set forth in UDC 11-3G. Prior to signature on a final plat for the proposed subdivision, the applicant shall execute an amended development agreement that incorporates the subject property into the existing Volterra North development agreement. NOTE: Staff is in the process of transmitting the development agreement modification application to City Council for a hearing. The current request includes incorporating this property and adjacent properties into a single development agreement. Tree Mitigation: 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. Exhibit A Summerwood Sub H-2017-0083 PAGE 7 Fencing: A 6-foot tall privacy fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; all fencing should comply with the standards listed in UDC 11- 3A-7. Fencing adjacent to all pathways and common open space areas shall comply with the standards listed in UDC 11-3A-7A. Waterways: The Scribbner Lateral and East Drain cross the southwest corner of this site. These waterways are proposed to be relocated along the south and west property boundaries within a 20-foot wide easement. The waterways should be piped in accord with UDC 11-3A-6A. UDC 11- 3A-6 also requires the tiled waterway to be in a common lot and not an easement as proposed. The applicant has to obtain Council waiver to have the waterway as part of the buildable lots. In summary, Staff recommends approval of the proposed preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 05/31/2017) 3. Proposed Landscape Plan (dated: 05/24/2017) 4. Conceptual Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Exhibit A Page 1 A. Drawings 1. Vicinity Map Exhibit A Exhibit A Page 1 2. Proposed Preliminary Plat (dated: 05/31/2017) Exhibit A Exhibit A Page 2 3. Proposed Landscape Plan (dated: 05/24/2017) Exhibit A 2 - 4. Conceptual Elevations Exhibit A 3 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 All proposed and/or required fencing shall be consistent with the standards as set forth in UDC 11-3A-7. 1.1.2 Ten days prior to the City Council hearing, the applicant shall provide a revised landscape plan showing one (1) amenity and at least 10% qualified open space as required by UDC 11-3G-3B, or that the applicant modify the Volterra DA to incorporate the subject property into that DA. 1.1.3 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. 1.1.4 Prior to the City Engineer’s signature on the first phase of a final plat, the existing structures on the site must be demolished and the existing well and septic system must be abandoned. 1.1.5 The Scribbner Lateral and East Drain shall be piped and placed in a common lot in accord with UDC 11-3A-6A, unless Council approves the waterway to be placed in an easement. 1.1.6 A common lot shall be placed adjacent to E. Daphne Street to ensure that Lots 2 and 3 of Block 3 do not have frontage on both W. Daphne Street and W. Milano Street. 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 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. The existing waterways on the site shall be piped. 1.2.5 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.2.6 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. 1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.10 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. Exhibit A 4 - 1.2.13 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. 1.2.14 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. 1.2.16 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 (AZ-06-022, Development Agreement Instrument No. 108087854). 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 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 Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Exhibit A 5 - 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible to construct an 8-inch diameter water main along the development’s frontage in W. Daphne Street. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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 6 - 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 incomplete 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 11-12-3H. 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 design 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 A street light plan will need to be included in the civil construction plans. 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. 2.2.22 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 Exhibit A 7 - 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 concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-888-3579 to schedule an appointment to inspect the existing trees on the site to determine mitigation requirements. Exhibit A 8 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1. At the time of this staff report, staff had not yet received comments from Ada County Highway District. Exhibit A 9 - C. Required Findings from Unified Development Code 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. 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 City water and sewer services will be provided to the subject property upon the completion and acceptance of the utilities being installed as part of the Bridgetower Estates Subdivision No. 1, including the installation of the Water Pressure Reducing Station (PRV) in McMillan Road. (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; Based upon comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.), Council determined there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 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 developments will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council references any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware.