Settlers Square 15-0014CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-15-0014 - 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 twelve (12) commercial building
lots on 9.001 Acres of Land in the C-C Zoning District for Settlers Square Subdivision , by Seagle
Three, LLC
Case No(s). PP-15-0014
For the City Council Hearing Date of: December 3, 2015 (Findings on January 16, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 3,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 3, 2015, 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). PP-15-0014 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 3, 2015, 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 December 3, 2015, 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 December 3, 2015
By action of the City Council at its regular meeting held on the 1 �p day of
2017.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED Y6�
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED `�
COUNCIL MEMBER TY PALMER VOTED A
COUNCIL MEMBER TREG BERNT VOTED &
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) -- — —
Mayor Tamm de Weerd
Attest:
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C. Jay C e
City Clerk
Copy served upon Applicant, Community Development
Attorney.
Public Works Department and City
By: Dated: I ! I 1p I ZJ
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -15-0014 - 5 e4ler!S S� u-,Zrr— - 3 -
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 1
STAFF REPORT
Hearing Date: December 3, 2015
TO: Planning and Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2015-0014 – Settlers Square Subdivision (Preliminary Plat)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Seagle Three, LLC, has submitted an application for preliminary plat (PP) approval of
12 commercial lots on 9.001 acres in the C-C zoning district. See Section IX of the staff report for
more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP applications in accord with the conditions of approval
in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Numbers H-2015-0014, as presented in the staff report for the hearing date of
December 3, 2015, 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 Numbers H-2015-0014, as presented during the hearing on December 3, 2015, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers H-2015-0014 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 in the NWC of Ustick Road and Venable Ave, Section 36, Township 4 North,
Range 1 West.
B. Owner/Applicant(s):
Seagle Three, LLC
PO Box 2579
Eagle, ID 83616
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 2
V. PROCESS FACTS
A. The subject application is for 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: November 16 and 30, 2015
C. Radius notices mailed to properties within 300 feet on: November 5, 2015
D. Applicant posted notice on site(s) on: November 23, 2015
VI. LAND USE
A. Existing Land Use(s): The site is currently vacant.
B. Description of Character of Surrounding Area: The subject site is surrounded by residential
subdivisions located on the north and south sides of the proposed development. A commercial
development is located east of the subject site with a gas/convenience store and a mix of office
uses.
C. History of Previous Actions: In 2008, the property was granted annexation (AZ-07-018), approval
by the City Council with the C-C zoning district for Settlers Square Subdivision. A development
agreement (DA) was approved with the annexation (instrument # 108059803). A preliminary plat
(PP-07-021) was also approved concurrently that consisted of 12 commercial lots and 2 common
lots on 9.001 acres. The preliminary plat expired in 2010, but the Development Agreement for the
property does not expire, and is still in effect.
In the Development Agreement that was signed in 2008, the applicant was granted direct access
to Ustick Road. Due to policy changes at ACHD the applicant is no longer allowed to have direct
access to Ustick Road. However, city staff and ACHD are supportive of a temporary access to
Ustick Road until such time as the property to the west develops with an access to Ustick Road
that aligns with N. Blairmore Way.
D. Utilities:
1. Location of sewer: Sanitary sewer intended to provide service to the subject site currently
exists in N. Venable Lane.
2. Location of water: Water mains intended to provide service to the subject site currently
exists in N. Venable Lane and W. Ustick Road.
3. Issues or concerns: Conceptual engineering provided for this development indicates that the
applicant proposes to fill the southwest portion of the development in order to provide
adequate depth of cover over the proposed sewer mains. This situation creates an undesirable
elevation differential between this development and adjacent properties.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no irrigation canals/ditches located on the site.
2. Hazards: Staff is unaware of any known hazards on the property.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 3
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is currently designated “Mixed Use – Community” (MU-C) with a Neighborhood Center
(N.C.) overlay on the Comprehensive Plan Future Land Use Map. In these areas the City seeks a
centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for
neighborhood scale development. Neighborhood Centers should serve as public transit locations for
future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation.
Neighborhood Center developments are encouraged to be designed according to the conceptual
neighborhood center plan. The grid street pattern within the neighborhood allows traffic to disperse, eases
congestion, slows traffic, and is safer for residents.
In addition to the items listed for the MU-C designation, the following items will be used in reviewing
development applications in all MU-C areas with an N.C. overlay:
Four specific design elements should be incorporated into a Neighborhood Center development:
a) street connectivity, b) open space, c) pathways, and d) residential density that is eight dwelling
units per acre or more.
Most blocks should be no more than 500’ to 600’, similar to Old Town and Heritage Commons;
larger blocks are allowed along arterial streets.
Reduced travel lane widths are encouraged.
The design should provide an interconnected circulation pattern that is convenient for
automobiles, pedestrians, and transit.
The centers should offer an internal circulation system that connects with adjacent neighborhoods
and regional pathways, connecting to and integrated with the larger street and pathway system.
Developments should provide neighborhood accessible commercial services that do not force
residents onto arterial streets.
Developments should provide a variety of housing choices and types.
Housing within developments should be arranged in a radiating pattern of lessening densities
from the core.
Alleys and roadways should be used to transition from dissimilar land uses, or residential
densities.
The proposed development is intended to develop with a mix of retail, boutiques, personal service shops,
restaurants, and office uses (professional and medical). These types of uses will provide services for the
surrounding residential neighborhoods. The applicant has designed the proposed development to be
pedestrian oriented. The proposed development will also provide vehicular and pedestrian connectivity to
the residential subdivision to the north and the commercial development to the east.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
“Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D Page 53)
On the submitted concept plan, the Applicant is proposing one private drive access to Ustick
Road (arterial) and another private access onto Venable Ave (collector). Both private
driveways will provide access and inter-connectivity to the commercial development and
adjacent properties. City Staff and ACHD Staff are supportive of the proposed access points,
however, ACHD envisions that when the property to the west develops, and a signal is
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 4
installed at the Venable/Ustick intersection, the access to Ustick will be removed. The signal
planned at Venable/Ustick is 283 feet away from the proposed access point onto Ustick Road.
No direct lot access to Ustick Road and Venable Ave was proposed, and none is approved
with these applications.
“Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.).” (3.06.02F Page 54)
Ustick Road is designated as an arterial roadway and Venable Ave is classified as a collector
roadway. By City Ordinance, a 25-foot wide landscape buffer is required adjacent to Ustick
Road and a 20-foot wide landscape buffer is required along Venable Ave.
“Require all commercial businesses to install and maintain landscaping.” (2.01.03B Page 14)
The subject site will be responsible for installing and maintaining the appropriate landscape
buffers, parking lot landscaping and streetscape landscaping at the time said parcel is
developed.
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F Page 45)
This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel.
“Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J
Page 51)
Staff believes the proposed mix of retail, office, restaurants, and professional services will
contribute to the variety of services located within the area and will complement the existing
residential developments.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory,
and conditional uses in the C-C zoning district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C zoning district.
D. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6B for
commercial uses.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Preliminary Plat
The proposed plat consists of 12 commercial building lots on 9.001 acres of land in the C-C
zoning district.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 5
Dimensional Standards: There are no minimum setbacks, lot size, or street frontage
requirements for lots in the C-C zone. The maximum building height allowed in the C-C zone is
50 feet. Future buildings proposed on the subject lots shall meet the minimum dimensional
standards listed in UDC 11-2B-3.
Access: The preliminary plat shows two shared driveways into the development. There is an
existing north-south public stub street to this property at the north property line, Buckstone
Avenue. This street is located 330 feet west of Venable. The applicant is proposing to provide
access to the site through the extension of Buckstone with an access easement/driveway. The
proposed shared driveway will run from the existing stub of Buckstone Avenue on the north, to
Ustick Road on the south boundary of the site. The applicant shall work with ACHD on the
design of the turnaround entering the subject property.
The proposed east-west private driveway aligns with the existing commercial development
to the east and should stub to the western boundary of the site for future connectivity via
Cooper Avenue/Lane. The submitted concept and landscape plans do not show this
driveway extending all the way to the west property line. Further, a cross-access easement
will need to be provided to the property to the west and noted on the face of the final plat.
This cross-access will be reciprocated when the property to the west develops in the City
and Cooper/Blairmore is constructed.
Concept Plan: In the Development Agreement that was signed in 2008, the applicant was
granted direct access to Ustick Road. Due to policy changes at ACHD, and city code
changes, direct access to Ustick Road is no longer desired by both parties. In working with
the applicant, City staff and ACHD are supportive of an interim access to Ustick Road until
such time that a public street and/or shared driveway is constructed with the development
of the property to the west. To ensure the interim access is terminated in the future, staff
recommends that the applicant submit a revised concept plan with a concurrent
development agreement modification application prior to adoption of the Findings by City
Council that provides details on how the site will be designed after the removal of the
temporary access to Ustick Road.
NOTE: On the revised preliminary plat, there is a note that states that the proposed access
to Ustick is temporary. The draft staff report from ACHD also requires the applicant to
enter into a development agreement with ACHD for the temporary access to Ustick Road
and provide financial surety for the closure of the driveway.
Landscaping: Ustick Road is designated as an arterial roadway and Venable Ave. is classified as
a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial roadways and a
20-foot wide buffer adjacent to collector streets (UDC Table 11-2B-3). On the landscaping plan
the applicant is showing a 20 foot landscape buffer adjacent to Venable Ave. and 25 foot
landscape buffer along Ustick Road.
Land Use Buffers to Residential: To buffer the existing and proposed residential land uses to
the north and west from future commercial (C-C) uses on this site, a minimum 25-foot wide
landscape buffer should be installed (UDC Table 11-2B-3). The submitted landscape plan
indicates a 25-foot wide landscape buffer adjacent to the residential subdivision to the north and a
20-foot buffer along the western property boundary. The applicant is to provide an additional 5
feet of landscaping (25-feet total) to the west property and construct materials in
accordance with UDC 11-3B-9 or seek a waiver from the City Council.
Internal Landscaping: The submitted landscape plan shows landscaping within the parking lots.
The proposed parking areas meet the current landscaping requirements. It is important to note: all
internal and parking lot landscaping will be reviewed with a CUP/CZC application.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 6
Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted
plans. Permanent fencing is not required. However, 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 for this site.
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.
Building Elevations: Elevations were not submitted with this specific application, but they were
provided with the annexation of the property and tied to the recorded Development Agreement.
The applicant will be required to submit elevations in accord with the design standards in effect
as well as the recorded development agreement.
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: 11/18/15)
3. Proposed Landscape Plan (dated: 09/11/2007)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Exhibit A
AZ-15-013; PP-15-017 – Bull Ranch Subdivision PAGE 7
A. Drawings
1. Vicinity Map
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 8
2. Proposed Preliminary Plat (dated: 11/18/2015)
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 9
3. Proposed Landscape Plan (dated: 09/11/2007)
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 10
B. AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 The applicant shall meet the terms of the recorded development agreement number instrument
#108059803.
1.1.2 Prior to City Council approval of the Findings for proposed preliminary plat, the existing
development agreement (recorded as Instrument No. 108059803) for Settlers Square shall be
modified to update the conceptual development plan to show how the site will be designed
after the closure of the temporary access to Ustick Road.
1.1.3 The preliminary plat prepared by Aspen Engineers, dated November 18, 2015 (attached in
Exhibit A), is approved, with the conditions listed herein.
1.1.4 Except for the two access points noted on the plat, no lot shall have direct access to Ustick Road
or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick
Road and Venable Ave. The single access to Ustick Road shall be terminated at the time the
property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way.
1.1.5 A cross-access easement/agreement shall be recorded for all commercial lots within the
subdivision. All lots within the subdivision shall have access to the public streets via private drive
aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior
to the City Engineer’s signature on the final plat OR a note shall be added to the face of the final
plat granting said cross-access.
1.1.6 A cross-access easement shall be recorded to the property located to the west and the access drive
shall be constructed to the property line with the expectation that the access drive will connect to
Cooper Avenue/Lane once it is constructed. This cross access shall be noted on the face of the
final plat.
1.1.7 The landscape plan prepared by South Landscape Architecture, dated September 11, 2007,
labeled Sheet L-1 (attached in Exhibit A), is approved with the following notes/changes:
Provide a minimum 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot
wide landscape buffer along Venable Ave. All landscape materials shall be installed in
accordance with UDC 11-3B-7, Landscape Street Buffers.
Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north
and west of the site or seek a Council waiver for a reduced buffer width. All landscape
material shall be installed in accordance with UDC 11-3B-9, Landscape Buffers to Adjoining
Uses, and create a barrier where the trees touch at the time of maturity.
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.
Internal landscaping shall comply with the standards set forth in UDC 11-3B-8C.
Submit revised landscape plans to the Planning Department with the submittal of the final
plat application.
1.1.8 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.
1.1.9 All development improvements including water, sewer, fencing, landscaping and pressurized
irrigation shall be installed and approved prior to obtaining Certificates of Occupancy.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 11
1.1.10 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat.
1.1.11 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development, including but not limited to structures, parking, common areas,
private streets, and other development features.
1.1.12 The applicant shall record the final plat and obtain the Planning Division’s approval of a
certificate of zoning compliance and design review application prior to the issuance of a building
permit.
1.2 General Conditions of Approval
1.2.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets
pursuant to UDC 11-3A-17.
1.2.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.4 Temporary construction fencing to contain debris shall be installed around the perimeter prior to
issuance of a building permit.
1.2.5 Staff’s failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
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
commercial businesses.
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
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 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.3 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.
1.3.4 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.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 12
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.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A street light plan will need to be included in the final plat application. The plan will need to
include type 1 lighting along the frontage of Ustick Road in addition to Type two lighting along
Venable Ln and the internal public streets. 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
2.1.2 The natural gradient of the undeveloped land falls approximately 5.5 feet, generally from the
northeast corner to the southwest corner. The Conceptual Engineering Plan provided for this
development indicates that the applicant proposes to fill the southwest portion of the development
in order to provide adequate depth of cover over the proposed sewer mains. This situation creates
an undesirable elevation differential between this development and adjacent properties.
Applicants engineer shall work with the Meridian Public Works Engineering Division and the Ada
County Highway District to explore opportunities of directing at least a portion of the sanitary
sewer to the existing sewer main in W. Ustick Road near the southwest corner of the development.
This sewer is approximately 12.75 feet deep, and would allow sewer mains within the
development to fall in the same direction as the natural gradient of the land thereby possibly
eliminating the need for fill.
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
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 13
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.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-
3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 14
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 engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district or
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways
per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of
the standards can be found on the city of meridian Public Works Department’s website at
http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials
shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns with this application.
4. FIRE DEPARTMENT
4.1.1 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.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 15
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.
4.1.2 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. Extend Buckstone Avenue from the north.
4.1.3 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
shall have a clear driving surface which is 20’ wide.
4.1.4 For all Fire Lanes provide signage “No Parking Fire Lane”.
4.1.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all-
weather surface are required before combustible construction is brought on site.
4.1.6 Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
4.1.7 Maintain a separation of 5’ from the building to the dumpster enclosure.
4.1.8 The Fire Dept. has concerns about addressing and the address being visible from the street which
the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address
this concern prior to the public hearing.
4.1.9 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
4.1.10 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building.
4.1.11 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
4.1.12 There shall be a fire hydrant within 100’ of all fire department connections.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 16
4.1.13 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least
three means of fire apparatus access for each structure. Two of the access roads shall be placed a
distance apart equal to not less than one half of the length of the overall diagonal dimension of the
property or area to be served, measured in a straight line.
5. REPUBLIC SERVICES
5.1 Republic Services did not provide comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department did not provide comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
1. If the applicant moves forward with final platting after the Ustick Road widening project begins
but before it is completed, provide a road trust deposit in the amount of $15,875 for the
construction of the sidewalk abutting the site and a road trust deposit in the amount of $3,250 to
relocate the existing irrigation facilities outside of the right-of-way.
2. Complete Venable Avenue as a 40-foot street section with pavement widening, vertical curb,
gutter, and a 7 foot wide attached concrete sidewalk to match the improvements north of the site,
as proposed
3. Enter into a development agreement with ACHD for a temporary driveway onto Ustick Road. The
driveway may be allowed as a temporary driveway meeting the requirements outlined below:
a. The development agreement shall require the driveway be closed with curb, gutter, and sidewalk
when access is available via a public street/drive aisle abutting the site’s west property line. To
ensure the temporary driveway is closed when necessary, provide a financial surety in a form
acceptable to ACHD in the amount of $3,500.00 for the closure of the driveway.
b. The temporary driveway will not be constructed by ACHD as part of the Ustick Road widening
project.
c. If a public street is constructed abutting the site’s western boundary prior to the applicant
moving forward with a final plat for the site, then the temporary driveway onto Ustick Road shall
not be allowed.
d. IF a public street has not been constructed abutting the site’s western boundary prior to the
applicant moving forward with a final plat for the site, the applicant may construct one 30 foot
wide temporary full access driveway on to Ustick Road located approximately 330-feet west of
Venable Avenue, as part of the final platting process. The temporary driveway should be paved its
full width at least 30 feet into the site beyond the edge of pavement of Ustick Road.
4. Construct one 30 to 36 foot wide full access driveway onto Venable Lane located approximately
320 feet north of Ustick Road in alignment with an existing driveway on the east side of Venable
Lane across from the site, as proposed. Pave the driveway its full width at least 30 feet into the site
beyond the edge of pavement of Venable Avenue.
5. Provide public use easement over the private drive aisles within the site to ensure public use.
6. Provide cross access to the parcel to the west in anticipation of a future roadway being constructed
abutting the west property line.
7. Payment of impacts fees are due prior to issuance of a building permit.
8. Comply with all Standard Conditions of Approval.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 17
STANDARD CONDITIONS OF APPROVAL
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Exhibit A
H-2015-0014 – Settlers Square Subdivision PAGE 18
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;
Staff 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;
Staff 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, Staff 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;
Staff recommends the Commission and Council rely 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
Staff is not aware of any health, safety, or environmental problems associated with the
platting of this property that should be brought to the Council or Commission’s attention.
ACHD considers road safety issues in their analysis. Staff recommends that the
Commission and Council consider any public testimony that may be presented when
determining whether or not the proposed subdivision may cause health, safety or
environmental problems of which Staff is unaware.
f. The development preserves significant natural, scenic or historic features.
Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff
finds that the proposed development will not result in the destruction, loss or damage of
any natural, scenic or historic feature(s) of major importance. The Commission and
Council may consider 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 staff is unaware.