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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: i Q 0 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.