Loading...
Oberg H-2018-0012 AZ, PPADA COUNTY RECORDER Christopher D. Rich 2018-054660 BOISE IDAHO Pgs=40 LISA BATT 06/14/2018 09:52 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1, City of Meridian 2. C4 Land, LLC, Owner 3. DevCo, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 12day of N)ffle, 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C4 Land, LLC, whose address is 4824 w Fairview Avenue, Boise, Idaho 83706, hereinafter called OWNER and DevCo, LLC whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706 hereinafter called DEVELOPER, 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in Rill, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for the annexation and zoning of 4.79 acres of land, described in Exhibit "A", from the RUT to the R-15 (Medium High Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — OBERG SUBDIVISION (H-2018-0012) PAGE I OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 2 , 2 0 1 8 – P a g e 6 7 o f 1 8 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 2 , 2 0 1 8 – P a g e 6 8 o f 1 8 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 2 , 2 0 1 8 – P a g e 6 9 o f 1 8 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 2 , 2 0 1 8 – P a g e 7 0 o f 1 8 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 2 , 2 0 1 8 – P a g e 7 1 o f 1 8 8 [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: C4 Land LLC 4 A L/ By: V, I I- V �F ✓� C.4— CITY OF MERIDIAN VO By: uy �r Mayor T y de Weerd ��k(,ERQIA8 a sN SEAL DEVELOPER: DevCo, LLC By: C6 '^' S ATTEST: DEVELOPMENT AGREEMENT -OBERG SUBDIVISION (H-2018-0012 Col PAGE 7 OF 8 M STATE OF IDAHO ) ss: County of Ada ) On this day of � LAK_ , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared_) i k I r (,, vj t known or identified to me to be the L ! of C4 Land LLC, and the person w -ho signed aboQ and acknowledged to me that he executed the same oA behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. / (SEAL) Q`P•e•......;% %'P ,�OTAR Aotary Public for _ _ Y Residing at: 'r * U B L`G °. My Commission Expires: icP •°e P STATE OF Idaho ) 1,""""`1" ss: County of Ada ) On this (t" day of `-j- , , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared -)-t i vi Co- Q'4 — known or identified to me to be the (- --)-iQ k- of DevCo, LLC, and acknowledged to me that he executed the same on behalf of said corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. yyE Jpr (SEAL) Q`o°•.•....gee• t �oTARlV a --No r ublicfo_rldaho Residing at: L My Commission Expires: 761 'e 'Pu BLk i 'r%1•°•• •• �� STATE OF IDAHO ) ss County of Ada ) On this 124'`1 day of �LtnP_ , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •�1 W� �'�� Noba I � I tu tary Public for I ho U �!►n �' : Residing at: • �+ • Q Commission expires: 3.9,S Z i f , , O ■ i V �DEVELOPMENG4'ivtENT — OBERG SUBDIVISION (H-2018-0012) PAGE 8 OF 8 �••,• STATE 0••'• **games** �— Q EXHIBIT A Oberg Subdivision – H-2018-0012 Meridian City Council Meeting Agenda June 12, 2018 – Page 74 of 188 EXHIBIT A Oberg Subdivision – H-2018-0012 Meridian City Council Meeting Agenda June 12, 2018 – Page 75 of 188 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0012 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 4.79 Acres of land with an R-15 Zoning District; and a Preliminary Plat Consisting of 25 Building Lots, 3 Common Lots and 1 Other Lot on 4.79 Acres of Land for Oberg Subdivision, by DevCo, LLC. Case No(s). H-2018-0012 For the City Council Hearing Date of: April 24, 2018 (Findings on May 8, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 24, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 24, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 24, 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. Meridian City Council Meeting Agenda May 8, 2018 – Page 188 of 416 EXHIBIT B Meridian City Council Meeting Agenda June 12, 2018 – Page 76 of 188 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0012 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 24, 2018, 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 Annexation and Zoning is hereby approved with the requirement of a Development Agreement; and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 24, 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). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda May 8, 2018 – Page 189 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 77 of 188 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0012 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 24, 2018 Meridian City Council Meeting Agenda May 8, 2018 – Page 190 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 78 of 188 By action of the City Council at its regular meeting held on the 8 day of , 2018. COUNCIL PRESIDENT JOE BORTON VOTED left COUNCIL VICE PRESIDENT LUKE CAVENER VOTED Xe4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 1 COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED YeC COUNCIL MEMBER GENESIS MILAM VOTED J C4 MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor y de Weerd SED AUGUSTQO Q - Attest: (- A ' moo City uP w ok E IDIAN IDAHO C. y Coles U SEAL 'i7 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: MO City erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0012 Qbp-19 - 4 - Meridian City Council Meeting Agenda June 12, 2018 – Page 79 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 1 STAFF REPORT Hearing Date: April 17, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Oberg Subdivision – AZ, PP (H-2018-0012) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ) of 4.79 acres of land with an R-15 zoning district; and a preliminary plat (PP) consisting of 25 single-family residential building lots, 3 common lots and 1 other lot on 4.79 acres of land for Oberg Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 15, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: None iv. Written testimony: Laren Bailey v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. Amend condition #1.3.5 to reflect that the HOA, not the applicant, will have an ongoing obligation to maintain all pathways. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on April 24, 2018. At the public hearing, the Council approved the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: Rosellen Villareal Price; Craig Thompson; Roberta Thompson iv. Written testimony: None EXHIBIT A Meridian City Council Meeting Agenda May 8, 2018 – Page 192 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 80 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 2 v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Kevin Fedrizzi b. Key issue(s) of Public Testimony: i. Concern regarding use of bollards at the location of the emergency access at the east boundary of this site; would prefer a solid fence to prohibit public access to Wingate Lane and adjacent rural properties. c. Key Issues of Discussion by Council: i. Provision of gate at the east boundary of the site that would allow emergency access while discouraging public use of Wingate Lane and access to adjacent rural properties. d. Key Council Changes to Staff/Commission Recommendation i. Council directed the Applicant to work with the Fire Department to determine a suitable solid fence that would allow for emergency access at the east boundary of the site while deterring public access to Wingate Lane and adjacent rural properties (see condition #1.1.11 in Exhibit B). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0012, as presented in the staff report for the hearing date of April 17, 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-2018-0012, as presented during the hearing on April 17, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0012 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 2855 N. Wingate Lane, in the NW ¼ of Section 5, Township 3N., Range 1E. Parcel #S1105212485 & S1105212530). B. Owner: Dixie Lee Roberts 725 N. Eagle Rd. Eagle, ID 83616 C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83706 D. Representative: Laren Bailey, Conger Management Group 4824 W. Fairview Ave. Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Meridian City Council Meeting Agenda May 8, 2018 – Page 193 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 81 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 3 V. PROCESS FACTS A. The subject application is for annexation and zoning and 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: February 23, 2018 (Commission); March 30, 2018 Council) C. Radius notices mailed to properties within 300 feet on: February 16, 2018 (Commission); March 23, 2018 (Council) D. Applicant posted notice on site(s) on: March 5, 2018 (Commission); April 13, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of rural residential land with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North & East: Rural residential properties, zoned RUT in Ada County 2. South: Single-family residential properties, zoned R-4 3. West: Single-family residential properties, zoned R-4 & R-8 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer service to this development will be via new mainlines to the existing trunk line that traverses through the parcel. 2. Location of water: Water service to this development is proposed to be via the new mainline being installed as part of the Verado Subdivision. Therefore the serviceability of this development shall be contingent upon the completion and acceptance of those mains. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The South Slough/Finch Lateral bisects this site (east/west). 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop this 4.79 acre site with 25 single-family residential attached (22) and detached (3) homes at an overall gross density of 5.21 dwelling units per acre (d.u./acre) consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Meridian City Council Meeting Agenda May 8, 2018 – Page 194 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 82 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 4 Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density development with mostly attached and a few detached units will contribute to the variety of housing types in this area. Staff is unaware of how affordable” the units will be. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21. Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” 5.01.01E) The South Slough runs east/west through this site and should remain open and be protected during development. Require common area in all subdivisions.” (3.07.02F) Because this site is below 5 acres in size, the UDC (11-3G-3) does not require open space to be provided. However, the applicant is proposing 0.86 of an acre (or 17.95%) of common area within the development. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of an existing stub street (E. Kamay Dr.) from the west boundary through the site to the east boundary; and a stub street (E. Cougar Creek St.) to the east boundary at the south end of the site for future extension. Staff also recommends N. Lapis Ave. is extended/stubbed to the north property boundary for future extension and interconnectivity. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed medium density development with attached and detached units will contribute to the mix of housing options available in this area in close proximity to shopping centers and employment along the Eagle Road corridor and in the general vicinity. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The Pathways Master Plan depicts segments of the City’s multi-use pathway system east/west through this site along the South Slough/Finch Lateral and along the east boundary of this site where Wingate Lane is currently located, north of the South Slough/Finch Lateral. These pathways will eventually provide a connection between adjacent cities. Meridian City Council Meeting Agenda May 8, 2018 – Page 195 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 83 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 5 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family attached and detached dwellings is a principal permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-7 in accord with the standards listed in UDC 11-3B-7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 4.79 acres of land with an R-15 zoning district. The proposed gross density of the single-family residential development is 5.21 units per acre which is consistent with the density desired in MDR designated areas per the Comprehensive Plan. Note: The requested R-15 district allows for 3-foot wide interior side yard setbacks as opposed to 5 feet in the R-4 and R-8 districts. The applicant proposes to develop 25 new single-family residential attached (22) and detached (3) homes on the subject property as shown on the preliminary plat included in Exhibit A.2. Conceptual building elevations were also submitted that represent what future homes in this development will look like; building materials consist of a mix of horizontal and vertical siding with stone veneer accents (se Exhibit A.4). All structures are proposed to be single-story. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of a total of 25 single-family residential building lots, 3 common lots and 1 other lot on 4.79 acres of land in the proposed R-15 zoning district (see Exhibit Meridian City Council Meeting Agenda May 8, 2018 – Page 196 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 84 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 6 A.2). The gross overall density for the subdivision is 5.21 dwelling units per acre (d.u./acre) with a net density of 8.74 d.u./acre. This subdivision is proposed to develop in one phase. The applicant’s narrative states the housing product proposed in this development is identical to that in the Solterra development approved in 2014 currently being completed. All of the units will be attached except for where there are an odd number of lots in a block (i.e. Lot 2, Block 1; Lot 4, Block 2; Lot 6, Block 3); single-level detached homes will occupy those lots. Existing Structure: There is an existing home located on the south end of this site and an accessory structure at the northeast end of the site. Prior to signature on the final plat by the City Engineer, these structures are required to be removed. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-7 for the R-15 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. The final plat should depict a zero (0) setback on shared interior lots lines where attached units are proposed. Traffic: ACHD is not requiring a Traffic Impact Study (TIS) for the proposed development. Access: One access is proposed for this site via the extension of an existing stub street (i.e. E. Kamay St.) at the west boundary of the site. An emergency only access is proposed at the east boundary via the existing private street (i.e. Wingate Ln.). Stub Streets: Two (2) stub streets are depicted on the preliminary plat to the property to the east for future extension and interconnectivity upon redevelopment of the properties to the east. Staff recommends an additional stub street (i.e. N. Lapis Ave.) is provided to the north property boundary for future extension and interconnectivity when the property to the north redevelops in the future. Private Street: A private street, N. Wingate Lane, exists along the east boundary of this site and extends north to E. Ustick Rd. and south approximately 850 feet to E. Meadowgrass St. This street provides sole access to three properties to the southeast of this site as well as properties to the north of this site. A 15-foot wide road access and utility easement is depicted on the plat for this lane and is proposed to be located within adjacent building lots. Because this lane provides access for other properties, it cannot be vacated at this time. In the future, when those properties redevelop and access is provided by a different means, the easement for Wingate Lane should be vacated and the street and sidewalk should be extended to the east boundary of the subdivision; ACHD will retain a surety for these improvements. Until such time, the easement area on this site shall remain as-is and not be constructed upon; however, use of this easement for the subject property should be relinquished except for an emergency access via E. Kamay St. A barrier should be constructed at the end of N. Lapis Ave., E. Kamay St. and Cougar Creek St. with a sign stating the streets will be extended in the future; the barrier on Kamay and Cougar Creek should prevent access via Wingate Ln. The barrier at the end of E. Kamay St. should allow for emergency access via Wingate Ln.; coordinate the barrier/gate with the Fire Department. Common Driveways: All common driveways are required to comply with and be constructed per the standards listed in UDC 11-6C-3D. A common driveway is depicted on the plat on Lot 9, Block 2 for access to Lots 10-13, Block 2. Meridian City Council Meeting Agenda May 8, 2018 – Page 197 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 85 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 7 An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed by a common driveway. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings. Landscaping: Landscaping is required to be provided in the subdivision in accord with the standards listed in UDC 11-3B. Landscaping is required along both sides of the multi-use pathway proposed along the north side of the South Slough/Finch Lateral as set forth in UDC 11-3B-12C; no landscaping is depicted on the plan. A minimum 5-foot wide landscape strip is required along each side of the pathway; the plan should be revised accordingly. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement. The landscape plan states that there are existing trees on the site that require mitigation. Open Space/Site Amenities: Qualified open space and site amenities are required to be provided with developments 5 acres or more in size per UDC 11-3G-2. Because this site is below 5 acres, the minimum standards for such do not apply. The proposed plans depict 0.86 of an acre (or 17.95%) of open space provided on the site, the majority of which consists of the common lot where the South Slough/Finch Lateral is located. A segment of the City’s multi-use pathway system is proposed through this site along the north side of the South Slough/Finch Lateral as a site amenity. Pathways: The Pathways Master Plan depicts a segment of the City’s 10-foot wide multi-use pathway system along both sides of the South Slough/Finch Lateral and the east side of the property north of the South Slough. The plans depicts a 10-foot wide pathway along the north side of the waterway; no pathway is prosed along the east boundary. The pathway is required to be constructed in accord with the standards in the Plan and have landscaping adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway planted with a mix of trees, shrubs, lawn or other vegetative groundcover. A minimum of one tree per 100 linear feet is required to be planted along the pathway adjacent to the creek; no trees are currently depicted on the plan. The pathway should be shifted a minimum of 5-feet away from the north property boundary to allow for the required landscaping. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are proposed throughout the development in accord with UDC standards. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. 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. Pressurized irrigation is proposed to be provided by the Nampa Meridian Irrigation District. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and Meridian City Council Meeting Agenda May 8, 2018 – Page 198 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 86 of 188 Oberg Subdivision – AZ, PP H-2018-0012 PAGE 8 construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Waterways: The UDC (11-3A-6B) requires natural waterways intersecting, crossing or lying within the area being developed to remain as a natural amenity and not be piped or otherwise covered. The South Slough/Finch Lateral runs east/west through this site; as a natural waterway, it’s required to remain open and should be protected during construction. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A- 7. A 6-foot tall solid vinyl fence is proposed along the perimeter boundary of the site. A 5-foot tall black iron fence is proposed along the north and south boundaries of the irrigation easement for the South Slough/Finch Lateral (i.e. Lot 3, Block 2 and Lot 5, Block 3). A 6- foot tall black vinyl coated chainlink fence is proposed along the south side of the multi-use pathway along the South Slough/Finch Lateral to preserve public safety. Building Elevations: The applicant has submitted conceptual building elevations for future single-family attached homes within this development; detached homes will share the same architectural features and design (see Exhibit A.4). The renderings submitted are designed by Black Rock Homes and are representative of what are anticipated to be constructed in this development. Building materials consist of horizontal and vertical siding with stone veneer accents. Future development should be generally consistent with these elevations and materials. Design Review: Administrative design review is required for all attached single-family homes. The design of the attached dwellings should be consistent with standards in the Architectural Standards Manual. Based on the above analysis, Staff recommends approval of the proposed annexation and zoning request with the requirement of a development agreement containing the provisions listed in Exhibit B; and approval of the proposed preliminary plat with the conditions of approval listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 3/6/18) 3. Proposed Landscape Plan (dated: 2/1/18) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda May 8, 2018 – Page 199 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 87 of 188 Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda May 8, 2018 – Page 200 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 88 of 188 Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 3/6/18) Meridian City Council Meeting Agenda May 8, 2018 – Page 201 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 89 of 188 Exhibit A Page 3 3. Proposed Landscape Plan (dated: 2/1/18) Meridian City Council Meeting Agenda May 8, 2018 – Page 202 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 90 of 188 2 - 4. Conceptual Building Elevations Meridian City Council Meeting Agenda May 8, 2018 – Page 203 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 91 of 188 3 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Comments/Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Development shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the associated conditions of approval in the staff report. b. Prior to signature on the final plat by the City Engineer, all of the existing structures on the site shall be removed. c. All structures on the site are restricted to a single-story in height as proposed by the Developer. d. The South Slough/Finch Lateral shall remain open as a natural amenity and be protected during construction in accord with UDC 11-3A-6B. 1.1.2 Based on the preliminary plat included in Exhibit A.2, dated 3/6/18, the final plat shall include the following revisions: a. Label the easement for the South Slough/Finch Lateral as such. b. Depict which lots are proposed for attached units with a zero (0) setback on the shared lots lines. c. Extend/stub N. Lapis Ave. to the north property boundary for future extension. d. Shift the 10-foot wide multi-use pathway on Lot 3, Block 2 and Lot 5, Block 3 a minimum of 5 feet away from the north property boundary to allow for landscaping as required by UDC 11-3B-12C. 1.1.3 The landscape plan included in Exhibit A.4, dated 2/1/2018, shall be revised as follows: a. A minimum 5-foot wide landscape strip is required along each side of the multi-use pathway along the South Slough/Finch Lateral planted with a mix of trees, shrubs, lawn or other vegetative groundcover as set forth in UDC 11-3B-12C. A minimum of one tree is required per 100 linear feet of pathway. The pathway shall be shifted a minimum of 5 feet away from the north property boundary to allow for the required landscape strip. b. If fencing is desired along the south property boundary of Lot 8, Block 2, the common driveway lot (i.e. Lot 9, Block 2) shall be widened an additional 5 feet to accommodate a landscape strip in accord with UDC 11-6C-3D. 1.1.4 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures that are accessed from a common driveway i.e. Lots 10-13, Block 2) in accord with UDC 11-6C-3D.7. Meridian City Council Meeting Agenda May 8, 2018 – Page 204 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 92 of 188 4 - The exhibit shall include Lot 8, Block 2; the driveway for this lot shall be on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to the common driveway on this lot is prohibited unless separated by a minimum 5-foot wide landscape buffer. 1.1.5 The common driveway proposed on Lot 9, Block 2 shall be constructed in accord with the standards listed in UDC 11-6C-3d. 1.1.6 A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of the recorded easement shall be submitted with the final plat for City Engineer signature. 1.1.7 Prior to signature on the final plat by the City Engineer, the owner/developer shall submit a copy of a recorded relinquishment for the subject properties’ access rights for Wingate Lane. 1.1.8 A barrier shall be constructed at the end of E. Cougar Creek Street, N. Lapis Ave. and E. Kamay St. with a sign stating the street will be extended in the future; the applicant shall coordinate with the Fire Department on a barrier/gate that allows for emergency access at the end of E. Kamay St. 1.1.9 Submit a surety to ACHD (if required) for the cost of extending the sidewalk and street (E. Kamay St.) to the east boundary of the subdivision; these improvements shall be completed once Wingate Lane is vacated at some point in the future. 1.1.10 All single-family attached structures require submittal and approval of a Design Review application. Design of these structures shall comply with the standards in the Architectural Standards Manual. 1.1.11 The applicant shall work with the Fire Department to determine a suitable solid fence that would allow for emergency access at the east boundary of the site while deterring public access to Wingate Lane and adjacent rural properties. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 and R-15 zoning district listed in UDC Table 11-2A-6 and 11-2A-7 respectively. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct 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 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. Meridian City Council Meeting Agenda May 8, 2018 – Page 205 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 93 of 188 5 - 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant homeowner’s association shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. 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 and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Meridian City Council Meeting Agenda May 8, 2018 – Page 206 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 94 of 188 6 - Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.2 Water service to this development is proposed to be via the new mainline being installed as part of the Verado Subdivision. Therefore the serviceability of this development shall be contingent upon the completion and acceptance of those mains. 2.1.3 Applicant shall submit documentation of the relinquishment of the existing Idaho Power Easement crossing the southern side of the parcel. 2.1.4 Applicant shall be required to extend sanitary sewer and water mainlines to their north boundary within the N. Lapis Avenue extension that is required per Site Specific Condition of Approval 1.1.2(c). 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 May 8, 2018 – Page 207 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 95 of 188 7 - 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 applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by Meridian City Council Meeting Agenda May 8, 2018 – Page 208 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 96 of 188 8 - 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 comment on this application. 4. FIRE DEPARTMENT 4.1 Please contact the Deputy Fire Chief immediately to address concerns related to the necessary Fire Department turn arounds. In accordance with International Fire Code Section 503.2.5, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 4.2 One and two family dwellings not exceeding 3,600 square feet require a fire- flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.4 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 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. 4.5 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. Meridian City Council Meeting Agenda May 8, 2018 – Page 209 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 97 of 188 9 - 4.6 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. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 4.10 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 4.11 Secondary emergency access routes shall be protected from illegal entry by a gate or collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible bollards that is wrench activated or an approved equal. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 Construct a multi-use pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 6.2 The applicant shall design and construct the multi-use pathway(s) consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.3 Prior to submittal of the final plat for City Engineer signature, the applicant shall submit a public access easement for the [South Slough] multi-use pathway to be located on the north side of the Finch Lateral to the Planning Division for subsequent approval by City Council and recordation. 6.4 The applicant shall depict a public access easement for the above-referenced multi-use pathway on the final plat. 6.5 The applicant shall have an ongoing obligation to maintain all pathways. 6.6 Prior to City Engineer signature on the final plat, applicant shall submit material testing reports to the Park’s Department documenting that construction of multi-use pathway complies with the City’s pathway design standards. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1 Extend Kamay Drive into the site at the west property line. 7.2 Construct all of the streets within the subdivision as 33-foot street sections with curb, gutter and 5-foot wide concrete sidewalk within 47-feet of right-of-way. Meridian City Council Meeting Agenda May 8, 2018 – Page 210 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 98 of 188 10 - 7.3 Construct Cougar Creek Street as a stub street to the east property line. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.4 The hammerhead turnaround over Lot 9, Block 1, at the intersection of Cougar Creek Street and Lapis Avenue shall be signed for “NO PARKING” and “THIS IS A PUBLIC TURNAROUND”. 7.5 Construct Kamay Drive as a stub street to the east property line. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” A temporary turnaround is not required. 7.6 Provide written Fire Department approval for the emergency access on Kayam Drive and the hammerhead turnaround on Cougar Creek Street. 7.7 Install bollards or a gate at the terminus of Kayam Drive to Wingate Lane, whichever is required by the Fire Department. 7.8 The District will require that the applicant submit the bridge plans for the crossing of the Finch Lateral for review and approval prior to the pre-construction meeting and final plat approval. Note: all plan submittals for bridges or pipe crossings of irrigation facilities shall be submitted to ACHD for review no later than December 15th for construction in the following year prior to irrigation season. 7.9 Payment of impact fees is due prior to issuance of a building permit. 7.10 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. Meridian City Council Meeting Agenda May 8, 2018 – Page 211 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 99 of 188 11 - 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. 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. 8. IDAHO TRANSPORTATION DEPARTMENT 9. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda May 8, 2018 – Page 212 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 100 of 188 12 - 10. NAMPA & MERIDIAN IRRIGATION DISTRICT 11. WEST ADA SCHOOL DISTRICT Meridian City Council Meeting Agenda May 8, 2018 – Page 213 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 101 of 188 13 - C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda May 8, 2018 – Page 214 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 102 of 188 14 - Meridian City Council Meeting Agenda May 8, 2018 – Page 215 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 103 of 188 15 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 4.79 acre property with an R-15 zoning district and develop 25 new single-family residential attached and detached homes at a gross density of 5.21 units per acre consistent with the MDR FLUM designation. The City Council finds the proposed amendment complies with the applicable provisions of the Comprehensive Plan as noted above in Section VII and should be compatible with adjacent residential uses see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property with an R-15 zoning district is in the best interest of the City if the applicant develops the site in accord with the proposed plat. 2. 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 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. Meridian City Council Meeting Agenda May 8, 2018 – Page 216 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 104 of 188 16 - 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; Based on comments provided by public service providers (i.e., Police, Fire, ACHD, etc.) in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda May 8, 2018 – Page 217 of 416Meridian City Council Meeting Agenda June 12, 2018 – Page 105 of 188