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Bountiful Commons Subdivision H-2018-0067 PPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0067 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of Six (6) Building Lots on 6.15 Acres of Land in the C-C and L-O Zoning Districts, by TMEG Properties, LLC. Case No(s). H-2018-0067 For the City Council Hearing Date of: August 21, 2018 (Findings on September 4, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 2018, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda September 4, 2018 – Page 172 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0067 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 21, 2018, 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 August 21, 2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 173 of 461 By action of the City Council at its regular meeting held on the day of em w 2018. ,01 COUNCIL PRESIDENT JOE BORTON VOTED I/` COUNCIL VICE PRESIDENT LUKE CAVENER VOTED X COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED M COUNCIL MEMBER TY PALMER VOTED IP�l COUNCIL MEMBER TREG BERNT VOTED VZ -4 COUNCIL MEMBER GENESIS MILAM VOTED / W MAYOR TAMMY de WEERD VOTED (TIEBREAKER) i Mayor de Weerd QQ09- SED AUGUST' Attest: �° 'o s 01yor w EIDIAN* -- IDAHO C ay Coles s� SEAL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C�i�,Q f Yl� l�(JUt4 Dated: b eA q, City erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0067 - 3 - Boin4,j;.A1 Bountiful Commons H-2018-0067 PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bountiful Commons Subdivision – H-2018-0067 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trevor Gasser, TMEG Properties, LLC, has submitted an application for a preliminary plat (PP) consisting of six (6) buildable lots in the C-C and L-O zoning districts for Bountiful Commons Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on July 19, 2018. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat requests. a. Summary of Commission Public Hearing: i. In favor: Trevor Gasser, Applicant; Joe Marshall, Neighbor, Barbara Badigian, Neighbor; Leonard Badigian, Neighbor; Wendy McKinney, Neighbor ii. In opposition: None iii. Commenting: Joe Marshall, Neighbor; Wendy McKinney, Neighbor iv. Written testimony: Letter from Greg Reynolds; Letter and petition for fence/berm combination from Joe Marshall v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Sonya Allen b. Key issue(s) of Public Testimony: i. Landscape berm and fencing along east boundary between property and residential subdivision to the east (Paramount). c. Key Issues of Discussion by Commission: i. Coordination of berm and/or fence buffer between C-C zoning and residential subdivision to the east between applicant and residents. d. Commission Change(s) to Staff Recommendation: i. Submit an exhibit depicting proposed fencing and landscape berm combination with the final plat application. ii. Modified condition 1.1.5 to allow one building permit prior to recordation of the plat. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on August 21, 2018. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: EXHIBIT A Meridian City Council Meeting Agenda September 4, 2018 – Page 175 of 461 Bountiful Commons H-2018-0067 PAGE 2 vii. In favor: Trevor Gasser viii. In opposition: None ix. Commenting: Barbara Badigian; Leonard Badigian x. Written testimony: None xi. Staff presenting application: Sonya Allen xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The difference in elevation between the subject property and the residential properties to the east. ii. Desire for a berm and wall/fence to be constructed along the east boundary of the site adjacent to residential uses. c. Key Issues of Discussion by Council: i. Location of existing fence along residential boundary vs. location of new fence if constructed and the gap (2’+) in between – issue of double fencing unless existing fence is removed; and, ii. The requirement of a berm and a fence or one or the other along the east boundary adjacent to residential uses. d. Key Council Changes to Commission Recommendation i. Add a condition requiring a 3-foot tall berm to be constructed along the east boundary adjacent to residential properties with no new fencing required (see condition #1.1.3d). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0067, as presented in the staff report for the hearing date of August 21, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0067, as presented during the hearing on August 21, 2018, for the following reasons: (Add any proposed modifications). Continuance I move to continue File Number H-2018-0067 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 5960 North Linder Road, in a portion of the SW ¼ of the NW ¼ of Section 24, Township 4N., Range 1W. B. Owner/Applicant: Archie Douglas Stewart Trevor Gasser, TMEG Properties Kellie Watkins 74 E 500 South, Suite 200 5960 N. Linder Road Bountiful, UT 84010 Meridian, ID 83646 C. Representative: Alyssa Yensen, KM Engineering 9233 W. State Street Meridian City Council Meeting Agenda September 4, 2018 – Page 176 of 461 Bountiful Commons H-2018-0067 PAGE 3 Boise, ID 83714 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 (Commission); August 3, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: June 22, 2018 (Commission); July 26, 2018 (Council) D. Applicant posted notice on site(s) on: July 5, 2018 (Commission); August 9, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The property consists of property zoned C-C and L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant property, zoned RUT in Ada County. 2. East: Single-family residential property in the Paramount Subdivision, zoned R-8. 3. South: Rural residential property, vacant land and Paramount Village Center, zoned L-O. 4. West: N. Linder Road and single-family residential property in the Lochsa Falls Subdivision, zoned R-4. C. History of Previous Actions: 1. In 2018, the property was annexed and zoned from RUT to C-C as part of the Linder Mixed Use project (H-2017-0095, DA Instrument # 2018-052340). In 2018, the Director approved a PBA (A-2018-0138) to reconfigure the L-O zoned properties. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Linder Road, approximately 575-feet south of the southwest corner of the subject site. 2. Location of water: A water main intended to provide service to the subject site currently exists in S. Linder Road. 3. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This project does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated Mixed Use - Community (MU-C) and Mixed Use - Neighborhood (MU-N) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Meridian City Council Meeting Agenda September 4, 2018 – Page 177 of 461 Bountiful Commons H-2018-0067 PAGE 4 The MU-C and MU-N designations allow for a variety of uses to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood area encouraged. The applicant proposes to develop the property with 6 commercial lots. As part of the annexation, approval a concept plan was tied to the property through the approval of a development agreement to ensure the development of the site complies with the aforementioned mixed-use standards. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) The subject property will have a 25 foot landscape buffer between the existing residential neighborhood to the east, providing adequate separation between R-8 and the proposed C-C zoned uses. The L-O portion of the site does not abut a residential district or use. 2. “Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas.” (3.06.02B) The subject property will provide office and retail lots adjacent to N. Linder Rd. and will provide community services to the adjoining neighborhoods. 3. “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) A commercial driveway is proposed to provide for cross-access to the north, south and west to reduce access points on Linder Road. 4. “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The City’s multi-use pathway system, a segment of which is proposed along the frontage of this site on N. Linder Road, will eventually connect Meridian with adjacent cities. 5. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscaped street buffer is required along N. Linder Road, an entryway corridor, with development of the site. Based on the above analysis, staff finds that the proposed development is consistent with the Comprehensive Plan and recommends approval. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: Commercial: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). Allowed uses in the C-C and L-O districts consist of a larger scale and broader mix of retail, office, and service uses and typically have access to arterial streets or non-residential collector streets. Meridian City Council Meeting Agenda September 4, 2018 – Page 178 of 461 Bountiful Commons H-2018-0067 PAGE 5 B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C and L-O zoning districts. 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 Tables 11-2B-3 for the C-C and L-O zoning districts. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C; within street buffers in accord with UDC 11-3B-7C; and within common areas and along street-facing elevations in accord with UDC 11-3G-3 and 11-4-3-27-F. Street buffers and buffers to residential uses are required as set forth in UDC Table 11-2B-3. A 25-foot landscape buffer is proposed along N. Linder Rd. and the abutting residential use to the east. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat: The proposed plat consists of six (6) commercial building lots on 6.145 acres of land in the C-C and L-O zoning districts (see Exhibit A.2). Existing Structures: There is one existing structure on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2B-3 for the C-C and L-O districts. There are no minimum dimensional requirements in the C-C and L-O districts, staff has reviewed the proposed plat and found it to be in compliance. Dimensional requirements and setbacks will apply upon development of sites. Access: Vehicular access is proposed for this site via one access via N. Linder Road at the south boundary of the site and a north/south drive-aisle that serves as a frontage road to N. Linder Road that stubs to the north and south property lines for interconnectivity with adjacent developments in accord with UDC 11-3A-3. The applicant should provide cross access to all of the properties with the subdivision and parcels north (parcel #S0425223010), west (parcel #S0425233830) and south (parcel #S0425233810) so all of the lots have access to Linder Road until the adjacent parcel to the north develops (Linder Village). Streets: There are no public streets proposed with this development. Meridian City Council Meeting Agenda September 4, 2018 – Page 179 of 461 Bountiful Commons H-2018-0067 PAGE 6 Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 10-foot wide detached sidewalk (multi-use pathway) with this project. A recreational pathway may need to be recorded if ACHD does not require a separate pedestrian easement. Landscaping: The only required landscaping for the proposed development is the 35-foot wide landscape buffer adjacent to N. Linder Road. Staff has reviewed the buffer for conformance with the UDC and finds the landscape buffer generally meets the requirements of UDC 11-3B-7C. Further, the preliminary plat for this project depicts a landscape buffer along the residential use to the east, but is not required until lot development. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11- 3A-7. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. The applicant is proposing to use City’s domestic water as irrigation, however as noted in UDC 11-3A-15.C, the applicant has not provided a waiver of requirements from the irrigation district of proof that they do not have water rights. Use of the City’s domestic water as irrigation shall be a last option in providing irrigation water to a proposed development. Building Elevations: The applicant is proposing to construct a mix of retail and office buildings. The applicant has submitted conceptual sample building elevations for future retail and restaurant spaces and office buildings in this development, included in Exhibit A.4. Building materials appear to consist of a mix of variety of stucco, cultured stone and/or masonry with architectural shingles. CZC and DES approval is required prior to issuance of building permit. In accord with the Findings contained in Exhibit C, Staff recommends approval of the proposed preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: June 8, 2018) 3. Proposed Landscape Plan (dated: June 8, 2018) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda September 4, 2018 – Page 180 of 461 Bountiful Commons H-2018-0067 PAGE 9 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda September 4, 2018 – Page 181 of 461 Bountiful Commons H-2018-0067 PAGE 10 2. Proposed Preliminary Plat (dated: June 8, 2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 182 of 461 Bountiful Commons H-2018-0067 PAGE 13 3. Proposed Landscape Plan (dated: June 8, 2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 183 of 461 Bountiful Commons H-2018-0067 PAGE 14 4. Conceptual Building Elevations Meridian City Council Meeting Agenda September 4, 2018 – Page 184 of 461 Bountiful Commons H-2018-0067 PAGE 15 Meridian City Council Meeting Agenda September 4, 2018 – Page 185 of 461 Bountiful Commons H-2018-0067 PAGE 16 Meridian City Council Meeting Agenda September 4, 2018 – Page 186 of 461 Bountiful Commons H-2018-0067 PAGE 17 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (H-2017-0095, DA Instrument # 2018- 052340). 1.1.2 The preliminary plat included in Exhibit A.2, dated June 8, 2018, shall be revised as follows: a. Other than the shared access to N. Linder Road on the south boundary of the plat, include a note on the plat indicating that direct lot access to N. Linder Rd. is prohibited in accord with UDC 11-3A-3. b. The developer shall grant a cross-access/ingress-egress easement to all of the properties within the boundary of the plat and those parcels located to the north (parcel #S0425223010), west (parcel #S0425233830) and south (parcel #S0425233810) in accord with UDC 11-3A-3. A recorded copy of the easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application for the development. 1.1.3 The landscape plan included in Exhibit A.3, dated June 8, 2018, shall be revised as follows: a. There are existing trees on the site that are going to be removed, the applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. b. Applicant shall construct a 35-foot wide landscape buffer abutting N. Linder Road in accord with UDC 11-3B-7C. c. Applicant shall coordinate with ACHD and construct a 10-foot multi-use pathway along N. Linder Road. The applicant shall submit and record a pedestrian easement over the pathway unless a pedestrian easement is required by ACHD. d. Depict a 3-foot tall berm along the east property boundary adjacent to residential uses. 1.1.4 Comply with ACHD conditions of approval. 1.1.5 Applicant shall record final plat prior to applying for building permit. Applicant is allowed one (1) building permit prior to recordation of the final plat. 1.1.6 The applicant shall obtain approval of Certificate of Zoning Compliance and Design Review application from the Planning Division prior to applying for building permit. 1.1.7 Submit an exhibit depicting proposed fencing and landscape berm combination with the final plat application. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-C and L-O zoning district listed in UDC Table 11-2B-3. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Meridian City Council Meeting Agenda September 4, 2018 – Page 187 of 461 Bountiful Commons H-2018-0067 PAGE 18 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 The street buffer shall be maintained by an owner or the business association as set forth in UDC 11-3B-7C-2b and 11-3B-13. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda September 4, 2018 – Page 188 of 461 Bountiful Commons H-2018-0067 PAGE 19 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend the 8-inch diameter water main to north property boundary for future tie-in. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.4 A future installation agreement for streetlights on N. Linder Road may be considered due to upcoming construction by ACHD on N. Linder Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at Meridian City Council Meeting Agenda September 4, 2018 – Page 189 of 461 Bountiful Commons H-2018-0067 PAGE 20 (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicant’s design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash Meridian City Council Meeting Agenda September 4, 2018 – Page 190 of 461 Bountiful Commons H-2018-0067 PAGE 21 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 did not provide comments on this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire Hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking – Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3.1 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in length per International Fire Code Section D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 80,000 GVW. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. Meridian City Council Meeting Agenda September 4, 2018 – Page 191 of 461 Bountiful Commons H-2018-0067 PAGE 22 4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all- weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.7 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 and Meridian Amendment 104-4-1. 4.9 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 as set forth in International Fire Code Section 503.1.1. 4.10 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 4.11 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 4.12 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.13 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. 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 as set forth in International Fire Code Appendix D104.1. 4.14 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. 4.14.1 Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Provide a road trust deposit in the amount of $16,750.00 to pay for 5-foot wide detached concrete sidewalk to be constructed abutting the site, as part of ACHD’s Linder Road widening project. Meridian City Council Meeting Agenda September 4, 2018 – Page 192 of 461 Bountiful Commons H-2018-0067 PAGE 23 7.1.2 Construct one temporary full access driveway onto Linder Road located at the site’s south property line. The driveway is restricted to a maximum width of 36-feet. Construct the driveway as a curb return type driveway. Pave the driveway, its full width at least 30-feet into the site beyond the edge of Linder Road. The driveway may be restricted in the future as traffic conditions warrant; as determined by ACHD. 7.1.3 Payment of impact fees is due prior to issuance of a building permit. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 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). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 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. 7.2.4 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. 7.2.5 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. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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. 7.2.8 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. 7.2.9 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. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 193 of 461 Bountiful Commons H-2018-0067 PAGE 24 7.2.12 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 194 of 461 Bountiful Commons H-2018-0067 PAGE 25 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; The City Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to design 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; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.) (see Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety, or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the City Council 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 195 of 461