Loading...
Pond Subdivision H-2017-0115 FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0115 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of twenty-one (21) single-family residential building lots and five (5) common lots on 4.82 Acres of Land in the R-8 Zoning District for Pond Subdivision , by Kobe, LLC Case No(s). H-2017-0115 For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24, 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 CASE NO(S). H-2017-0115 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 24, 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 preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 24, 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). 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 October 24, 2017 By action of the City Council at its regular meeting held on the 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 Tam Weerd o�QpRp,TED AUGLST Attest: � 010 ()r w E IDIAN 11-�A-a 1OAHO C. J& Cole SEAL City Clerk day of /✓O ��` i /► VOTED /C4 VOTED ,/e4 VOTED & IM VOTED VOTED VOTED A� VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C)MAfiW L��Dated: [1-9-IZ17 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0115 - 3 - Pond Subdivision H-2017-0115 PAGE 1 STAFF REPORT Hearing Date: October 24, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Pond Subdivision – PP (H-2017-0115) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for a preliminary plat (PP) consisting of 21 single-family residential building lots and 5 common lots on 4.82 acres of land for Pond 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 September 21, 2017. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat request. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz ii. In opposition: None iii. Commenting: Ted Williams iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. How is the property to the east and the north going to redevelop? c. Key Issues of Discussion by Commission: i. The accessory building that doesn’t meet code in terms of it’s location. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. The location of the accessory building that is in the front yard. ii. Request to leave open the Onweiler Canal due to the size. The Meridian City Council heard these items on October 24, 2017. At the public hearing, the Council approved the subject preliminary plat request. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: Pond Subdivision H-2017-0115 PAGE 2 i. None c. Key Issues of Discussion by Council: i. The wrought iron fence along the lateral to deter access. d. Key Council Changes to Staff/Commission Recommendation i. Council granted the request keep the lateral open. ii. Council was in favor of allowing the accessory building to remain, but that action requires a variance application. The applicant will need to apply for a variance in this case. 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-2017-0115, as presented in the staff report for the hearing date of September 21, 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-2017-0115, as presented during the hearing on September 21, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0115 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 2980 N. Meridian Road, in the NW ¼ of Section 6, Township 3 North, Range 1 East. (Parcel #: S1106222656) B. Owner(s): Thair Pond 2980 N. Meridian Road Meridian, Idaho 83642 C. Applicant/Representative: Matt Schultz, Schultz Development P. O. Box 1115 Meridian, Idaho 83680 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: September 1, 2017 (Commission) October 6, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: August 24, 2017 (Commission) September 29, 2017 (Council) Pond Subdivision H-2017-0115 PAGE 3 D. Applicant posted notice on site(s) on: September 8, 2017 (Commission) October 12, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of a residence and associated outbuildings, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property, zoned R-4 2. East: County residential properties, zoned R1 3. South: Silhouette Subdivision and Highgate Subdivision, zoned R-8 4. West: Single family residential and multi-family residential property, zoned R-8 aand R-15. C. History of Previous Actions: This land was previously annexed and zoned and granted conditional use permit approval in 2012 (AZ-12-014; CUP-12-020) for Tomorrow’s Hope. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development, currently exists in N. Meridian Road. 2. Location of water: A water main intended to provide service to the proposed development, currently exists in N. Meridian Road. 3. Issues: Existing sewer and water mainline stub locations at N. Meridian Road do not appear to be in the standard corridor locations for the new roadway design location. Applicant shall be required to coordinate stub locations with the Development Services Division, and relocate any mainlines that are outside of tolerance. E. Physical Features: 1. Canals/Ditches Irrigation: The Creason Lateral transverses the southern boundary. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The property are designated “Medium Density Residential” (MDR) on the Comprehensive Plan Future Land Use Map. The MDR designation allows smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The applicant has provided a concept plan that depicts the relationship between the existing nursing care facility and the proposed preliminary plat. The proposed overall density of this development is 4.35 dwelling units (d.u.) per acre; with a net density of 6.47 d.u./acre which is consistent with the MDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (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) Pond Subdivision H-2017-0115 PAGE 4 The proposed medium density residential development will contribute to the variety of housing options located within the City. Staff is unaware how “affordable” the housing will be.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along N. Meridian Road, an arterial street per UDC Table 11-2A-5 in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed medium-density residential development should be compatible with existing and approved rural, low and medium density residential and agricultural uses.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts a stub street to the east to an unplatted parcel of land for future extension and interconnectivity. There is an undeveloped portion of the nursing care facility to the north of this property that will require vehicular access in the future. The ability to serve that property from this parvcel is limited with the current design. The property could be access from the proposed common driveway, but the property would only be allowed to be subdivided into a one lot subdivision due to the limitation of six (6) lots taking access from a common driveway. Staff feels that access to that undeveloped portion of the northern lot will be better served from the property immediately to the east of the subject property.  “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 currently available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 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 minimum property sizes, street frontage requirements, setbacks, and corresponding housing types that can be accommodated within the density range. 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-8 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 principal 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- Pond Subdivision H-2017-0115 PAGE 5 family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat The proposed plat consists of 21 single-family residential building lots and 5 common area lots on 4.82 acres of land in an R-8 zoning district. The minimum lot size in the proposed development is 4,129 square feet; the minimum lot size in the R-8 district is 4,000 square feet. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and with the exception of lots 3, 4, and 5 of Block 2, the plat was found to be in compliance with those standards. Lots 3, 4, and 5 of Block 2 shall be revised to meet the above named standards. Access: Access to this site is proposed on the plat from an existing access to N. Meridian Road. The existing access shall be converted to a public road and the commercial access for the residential care facility and the driveway for the existing home will be reconfigured. A stub street is proposed to the east for future extension and interconnectivity. The plat depicts 47-foot wide right-of-way sections. No other access is available to this property. Common Driveways: There is one common driveway proposed. The applicant is proposing Lots 6, 7, 8, 9, and 10 of Block 1, to take access from a common driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 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. 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. Landscaping, Open Space & Site Amenities: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Open space and amenities are not a requirement for this plat because the plat is under 5 acres in size. The applicant has however provided 0.24 of an acre of open space for the development which includes the landscape buffer along N. Meridian Road and several common lots. Tree Mitigation: If there are any trees that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Existing Structures: There is an existing home and associated outbuildings on the site that are proposed to remain on Lot 1, Block 1. All existing structures that are proposed to remain with Pond Subdivision H-2017-0115 PAGE 6 subdivision of the property must comply with the setback standards of the R-8 district per UDC Table 11-2A-6; or be removed prior to City Engineer signature on the final plat. Additionally, the development of this property will likely require the address for the existing home to change. The applicant will have to coordinate with the City’s Addressing Specialist and obtain a new street addresses from the adjacent local street. Note: There is an existing outbuilding on Lot 1, Block 1 that will be located within the required street yard with the subdividing of the property. The UDC restricts detached accessory dwellings from being located in this setback (UDC 11-2A-3D). The applicant is requesting that the City Council allow the accessory building remain on the property in its current location. Staff recommends that the structure be removed with the development of the first phase unless approved to remain by City Council. Sidewalks: Five-foot wide attached sidewalks are proposed along internal streets within the development. Waterways: The Onweiler Canal crosses the southern portion of the site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11-3A-6A. The applicant is requesting a waiver from City Council due to the large capacity of the lateral. Due to …Staff believes a waiver should be granted – or not. What has happened with the Onweiler up and down stream? Is it open? See Fencing section below for more information. The final plat should depict the easement for the lateral on the face of the plat and label it as such. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.5. Fencing: A 6-foot tall vinyl fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan. If the Osweiler Canal will not be improved as part of the development to be a water amenity (as defined in 11-1A-1), the lateral is required to be fenced with an open vision fence at least 6-feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the lateral. All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. In summary, Staff recommends approval of the proposed preliminary plat request for this site and 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/Zoning Map 2. Proposed Preliminary Plat (dated: 8/3/17) 3. Proposed Landscape Plan (dated: 8/3/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 8/3/17) Exhibit A Page 2 Exhibit A Page 3 3. Proposed Landscape Plan (dated: 8/3/17) - 2 - 5. Conceptual Building Elevations - 3 - - 4 - 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 08/03/17 shall be revised as follows: a. Per UDC 11-2A-6, residential lots within the R-8 zoning district shall have 40 feet of frontage. The applicant shall revise Lots 3, 4, and 5 of Block 2 to meet that standard. 1.1.2 The landscape plan included in Exhibit A.3 dated 08/03/17 shall be revised as follows: a. If Council approves a waiver to allow the Osweiler Canal to remain open and not be piped and it’s not improved as a water amenity, the lateral shall be fenced with an open vision fence at least 6-feet in height having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the lateral in accord with the standards listed in UDC 11-3A-6B. 1.1.3 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. 1.1.4 There is an existing outbuilding (labeled as shop) on Lot 1, Block 1 that will be located within the required street yard with the subdividing of the property. The UDC restricts detached accessory dwellings from being located in this setback (UDC 11-2A-3D). The applicant shall remove this accessory structure. 1.1.5 With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 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 11-3C-6 for single-family dwellings. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 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. 1.2.10 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. - 5 - 1.2.11 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. 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. 2.1 Site Specific Conditions of Approval 2.1.1 Existing sewer and water mainline stub locations at N. Meridian Road do not appear to be in the standard corridor locations for the new roadway design location. Applicant shall be required to coordinate stub locations with the Development Services Division, and relocate any mainlines and appurtenances that are outside of tolerance. 2.2 General Conditions of Approval - 6 - 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. 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. - 7 - 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 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 - 8 - 3.1 The Police Department has no concerns with this 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 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. - 9 - 4.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 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 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-3B-10C.5. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 At the time of this staff report, a report from ACHD had not yet been received. - 10 - C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted 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 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.