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Alicia Court Subdivision H-2018-0107 PPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0107 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of 6 Single Family Residential Lots and 2 Common Lots on 3.08 Acres of Land in an R-4 District, by Riley Planning Services. Case No(s). H-2018-0107 For the City Council Hearing Date of: February 5, 2019 (Findings on February 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 5, 2019, 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 February 19, 2019 – Page 161 of 476 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0107 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 5, 2019, 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 Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 5, 2019, 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 February 5, 2019. Meridian City Council Meeting Agenda February 19, 2019 – Page 162 of 476 By action of the City Council at its regular meeting held on the day of r w r , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED--- (TIE OTED'— (TIE BREAKER) Mayor Ta m de Weerd o�QDFtP'TED g4 L, m�ISOH0 SEAL / Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: P�m0Dated: '9 -/9 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0107 -3 - a 11 6c, ccur-l-- EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 2/5/2019 TO: City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager, 208-887-2211 SUBJECT: H-2018-0107 ALICIA COURT SUBDIVISION PROPERTY LOCATION: 4036 E. Granger Avenue I. PROJECT DESCRIPTION The applicant, Riley Planning Services, has submitted an application for a preliminary plat consisting of 6 single-family building lots and 2 common lots on 3.084 acres of land in the R-4 zoning district; II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.08 Future Land Use Designation MDR (Medium-Density Residential) Existing Land Use Single-family home Proposed Land Use(s) Multiple single-family dwellings Current Zoning R-4 (Medium Low-Density Residential) Proposed Zoning R-4 (Medium Low-Density Residential) Lots (# and type; bldg/common) 6 single-family, 2 common Phasing plan (# of phases) Single Phase Number of Residential Units (type of units) 6 single-family units Density (gross & net) 2.277 net density Open Space (acres, total [%] / buffer / qualified) None required Amenities None required Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: July 12, 2018 with 7 people in attendance Meridian City Council Meeting Agenda February 19, 2019 – Page 164 of 476 Page 2 Description Details Page History (previous approvals) Annexed into the city in 2003 as part of Redfeather Estates Subdivision No. 2 (AZ-03-021; PP-03-024; FP-06-041) B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) Yes 11  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One access to W. Alicia Street, a local roadway 4 Traffic Level of Service Cloverdale Road – F, Granger Avenue – better than D 11 Stub Street/Interconnectivity/Cross Access None Existing Road Network NA Existing Arterial Sidewalks / Buffers NA Proposed Road Improvements ACHD is requiring a public street extension of W. Alicia Street. 11 Fire Service  Distance to Fire Station Not Provided  Fire Response Time 5 minutes 11  Resource Reliability 74%, does not meet the target of 85% 11  Risk Identification 1, meaning current resources would be adequate to supply service. 11  Accessibility Roadway access, traffic 11  Special/resource needs An aerial device will not be required. 11  Water Supply 1000 gallons per minute 11  Other Resources C. Project Area Maps Future Land Use Map Aerial Map Meridian City Council Meeting Agenda February 19, 2019 – Page 165 of 476 Page 3 Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant Penelope Riley, Riley Planning Services B. Owner: Wood Family Trust C. Representative: Penelope Riley, Riley Planning Services IV. NOTICING A. Newspaper notification published on: 1/4/2019 B. Radius notice mailed to properties within 300 feet on: 1/7/2019 C. Applicant posted notice on site on: 1/24/2019 D. Nextdoor posting: 1/7/2019 V. STAFF ANALYSIS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The applicant proposes to develop the site with 6 single-family residential lots and 2 common lots. The gross density of the proposed plat is 1.94 d.u. per acre with a net density of 2.277 d.u. per acre, which falls below the target density of the MDR designation. The applicant will need to request a “step down” in density in order for the proposed development to be compatible with the Comprehensive Plan designation of Medium Density Residential. Staff is of the opinion that the proposed density is appropriate for the area and with a request to “step-down” in density, is compatible with adjacent uses and zoning. All adjacent residential uses are zoned R-4, and this would Meridian City Council Meeting Agenda February 19, 2019 – Page 166 of 476 Page 4 be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan. A. Comprehensive Plan Policies: Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use:  “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 low density development with single-family detached homes will contribute to the variety of housing types in this area. Staff is unaware of how “affordable” the homes will be.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The existing home on the subject property is proposing to maintain their current access to E. Granger Avenue as part of the development; E. Granger is designated as a residential collector. UDC 11-3A-3 requires that any subdivision provide local street access to any use that currently takes access from a collector or arterial roadway. The applicant will need to request a Council waiver in order to keep the direct access to E. Granger Avenue for Lot 1, Block 1.  “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.  “Require common area in all subdivisions.” (3.07.02F) Because this site is under 5 acres in size, the UDC (11-3G-3) does not require open space to be provided within the development.  “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) The applicant is providing a pedestrian/access pathway from the common driveway out to E. Granger Avenue. The pedestrian/access pathway shall be placed in a 30 foot common lot.  “Encourage infill development.” (3.01.02B) The proposed subdivision is surrounded by existing residential developments and is the definition of infill development. Utilities exist in adjacent streets, there is a stub street to the parcel, sidewalks exist along E. Granger Avenue, etc. B. Existing Structures/Site Improvements: There is an existing home and accessory structure that are to remain as part of this project. The existing home and accessory structure will be located on the proposed Lot 1, Block 1. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district. Staff has reviewed the plat to ensure compliance with the UDC and has determined that it does. Meridian City Council Meeting Agenda February 19, 2019 – Page 167 of 476 Page 5 The minimum lot sizes for a parcel in the R-4 district 8,000 square feet with 60 feet of frontage if the parcel fronts on a local street and 30 feet of frontage if the parcel fronts on a common driveway. D. Access: Access to the site is from the extension of W. Alicia Street. The applicant is proposing to construct a common driveway to access five (5) of the six (6) lots. The common driveway is proposed to be large enough to accommodate a fire department turnaround. The existing home on Lot 1, Block 1 will keep their direct access to E. Granger Avenue as part of this project. The applicant is seeking a council waiver to allow the existing home to maintain access in accord with UDC 11-3A-3. If Council does not provide an access waiver for Lot 1, Block 1, the applicant will need to redesign their plat to provide local street access to Lot 1, Block 1. E. Sidewalks/Parkways: The UDC 11-3A-17 requires detached sidewalks along arterial and collector roadways. A detached sidewalk was constructed with the Redfeather Estates No. 2 Subdivision. No new sidewalk will be required as part of this application. F. Pathway/Access Drive: The applicant is proposing a pathway from E. Granger Avenue to the common driveway that is proposed for the project. This pathway will serve a dual purpose; it will provide pedestrian connectivity for the proposed residences and provide an access drive for the City to perform maintenance of the utility mains within the proposed 30 foot utility easement. The proposed pathway has a 90 degree turn in its path and as such will have a blind spot for police and other in ensuring public safety. Staff is of the opinion that the applicant should place the pathway and utilities between Lots 3 and 4 of Block 1. This will eliminate the 90 degree turn in the pathway and as such eliminate the public safety concern. Additionally the common lot should match the utility easement in width. The entire easement should be placed within the common lot. Lastly, the applicant should vegetate the pathway/access drive on both sides with shrubs and ground cover. G. Landscaping UDC 11-2A-5 requires a 20 foot landscape buffer along E. Granger Avenue. There is an existing landscape buffer that was installed with the Redfeather Estates No. 2. The 20 foot landscape buffer was placed in an easement with the approval of the Redfeather Estates No. 2. UDC 11-3B-7 requires that all street landscape buffers be placed in a common lot that is owned and maintained by the home owner’s association. The 20 foot width of the landscape buffer is not maintained across the entire frontage of the property. The applicant will be required to add the necessary width to meet the requirements of UDC 11-2A-5. Meridian City Council Meeting Agenda February 19, 2019 – Page 168 of 476 Page 6 As noted above, the applicant is not proposing to make any changes to the existing landscape buffer in width or in planting materials. The applicant shall place the entire 20 foot landscape buffer within a common lot to be owned and maintained by the home owner’s association and shall ensure that the planting materials meet the requirements of UDC 11-3B-7. A previous approval with Redfeather Estates No. 2, allowed the applicant to place the 20 foot landscape buffer along E. Granger in a landscape easement instead of the otherwise required 20 foot common lot. The applicant is requesting that the previous approval be honored and that they not be required to place the landscape buffer in a common lot with this development. H. Qualified Open Space/Site Amenities: UDC 11-3G-2 does not require open space or amenities for developments under 5 acres in size. The applicant is proposing to develop a parcel that is 3.084 acres in size and as such open space and amenities are not required. I. Common Drive: The applicant is proposing a common driveway for the development to provide access for five (5) of the (6) proposed home in the development. The common driveway is extended from a current stub street (Alicia Street) from the east. ACHD in their staff report is requiring the applicant to extend the public street in place of the proposed common driveway, to terminate in a cul-de-sac, and to extend the sidewalk around the cul-de-sac. The applicant shall either revise their plat to meet the requirements of ACHD, or shall receive approval from their commission to keep the plat as proposed. For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. J. Fencing: There is existing fencing along the frontage of E. Granger Avenue that is proposed to remain as part of the development. UDC 11-3A-7 requires that the fencing be located outside of the 20 foot easement in this case. The provided landscape plan shows a portion of the existing fencing within 10 feet of the existing property line. The applicant shall move the fencing outside of the recorded landscape easement as show on the recorded plat for Redfeather Estates No.2 or apply and receive approval for alternative compliance to vary from the standards set forth in the UDC. Additionally, the applicant shall provide fencing along the pathway/access road as provided in UDC 11-3A-7. Meridian City Council Meeting Agenda February 19, 2019 – Page 169 of 476 Page 7 K. Utilities: 1. Location of sewer: Sanitary sewer service is available to this property from the existing sanitary sewer main line in the intersection of E. Granger Drive and N. Grenadier Way. 2. Location of water: Domestic water service is available to this property from the existing water main line in N. Grenadier Way. 3. Issues or concerns: None L. Elevations: The provided elevations include a mixture of materials including stone, stucco, lap siding and architectural shingles and provide visual interest on the elevations provided. The applicant should ensure that the elevations that face E. Granger Avenue provide architectural interest. VI. DECISION A. Staff: Staff recommends approval of the proposed preliminary plat with the provisions in Section VIII of this report. B. Commission: The Meridian Planning & Zoning Commission heard this item on December 20, 2018. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Penelope Constantikes ii. In opposition: None iii. Commenting: None iv. Written testimony: None 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. Realignment of the pathway/utility common lot ii. Construction material (decomposed granite vs. asphalt) for the pathway/maintenance road. d. Commission Change(s) to Staff Recommendation: i. Struck site specific condition of approval 1.a. ii. Modify site specific condition of approval 1.b. to allow the pathway common lot to remain in the location as proposed by the applicant (see Exhibit VII.D.). iii. Site specific condition of approval 1.g., Commission recommended the Council grant the access waiver to allow the existing home on Lot 1, Block 1 to continue taking access from E. Granger Ave. iv. Site specific condition of approval 1.h., Commission supported the request for the step down in density. v. Modify site specific condition of approval 2.b. to allow the maintenance road/pathway to be constructed of decomposed granite instead of asphalt. e. Outstanding Issue(s) for City Council: Meridian City Council Meeting Agenda February 19, 2019 – Page 170 of 476 Page 8 i. Approved the request of the step down in density from MDR to LDR. ii. Allow existing home on Lot 1, Block 1 to continue to access E. Granger St. The Meridian City Council heard this item on February 5, 2019. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Penelope Constantikes ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. Council granted the existing home on Lot 1, Block 1 to continue the use of the existing access to E. Granger St. ii. Council approved the step down in density from MDR to LDR. Meridian City Council Meeting Agenda February 19, 2019 – Page 171 of 476 Page 9 VII. EXHIBITS A. Site Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 172 of 476 Page 10 B. Landscape Plan Meridian City Council Meeting Agenda February 19, 2019 – Page 173 of 476 Page 11 C. Architectural Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 174 of 476 Page 12 Meridian City Council Meeting Agenda February 19, 2019 – Page 175 of 476 Page 13 D. Alicia Court Common Lot Exhibit Meridian City Council Meeting Agenda February 19, 2019 – Page 176 of 476 Page 14 VIII. CITY/AGENCY COMMENTS A. Planning Division Comments/Site Specific Conditions of Approval 1. The preliminary plat included in Exhibit A, dated 10/01/2018, shall be revised as follows: a. Place the pathway and utilities between Lots 3 and 4 of Block 1. This will eliminate the 90 degree turn in the pathway and as such eliminate the public safety concern. b. The pathway width shall match the utility easement in width. The entire easement shall be placed within a 30 foot wide common lot. The pathway/common lot shall be constructed per the rendering shown in Exhibit VII.D. c. For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. d. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. e. The applicant shall either revise the plat to meet the requirements of ACHD or receive approval from ACHD’s commission to keep Alicia Court as a common driveway as proposed. f. The existing structures (home and accessory structure on Lot 1, Block 1) that are proposed to remain on lots in the subdivision shall comply with the building setback requirements listed in UDC Table 11-2A-5. The garage will serve as an accessory structure to the future home and shall not be used as a residence. g. The applicant shall redesign their plat so that the home on Lot 1, Block 1 takes access from a local street, or they receive a Council granted the waiver to allow the existing home on Lot 1, Block 1, keep the direct access to E. Granger Avenue as proposed. h. The applicant Council shall approved the request for the “step down” in density in order for the proposed development to be compatible with the Comprehensive Plan designation of Medium Density Residential. i. Because the rear and/or sides of 2-story homes constructed on lots that abut E. Granger Avenue, a collector street, will be highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single-story structures are exempt from this requirement. j. Prior to receiving a building permit, the Planning division shall review the building plans for any home that backs up to E. Granger Avenue to verify that there is modulation in the homes. 2. The landscape plan included in Exhibit B, dated 7/20/2018, shall be revised as follows: a. The applicant shall provide a 5 foot wide landscape buffer on either side of the pathway/access drive and shall vegetate it with shrubs and ground cover. Meridian City Council Meeting Agenda February 19, 2019 – Page 177 of 476 Page 15 b. The pathway/ access drive shall be paved with asphalt decomposed granite as proposed in order to provide for a pedestrian access as well as an access for the Public Works department. c. The applicant shall provide a 20 foot landscape buffer along the entire frontage of E. Granger Avenue. d. The applicant shall place the entire 20 foot landscape buffer along E. Granger Avenue within a common lot to be owned and maintained by the home owner’s association and shall ensure that the planting materials meet the requirements of UDC 11-3B-7. e. The provided landscape plan shows a portion of the existing fencing within 10 feet of the existing property line. The applicant shall move the fencing outside of the recorded landscape easement as show on the recorded plat for Redfeather Estates No.2 or apply and receive approval for alternative compliance to vary from the standards set forth in the UDC. f. If any of the existing trees on the site 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. Any existing trees proposed to be retained on-site should be noted on the plan. General Conditions of Approval a. Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. b. Comply with all provisions of 11-3A-3 with regard to access to streets. c. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. d. 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. e. Comply with the sidewalk standards as set forth in UDC 11-3A-17. f. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11- 3B-5J. g. Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. h. Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. i. 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. j. 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. k. Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Ongoing Conditions of Approval Meridian City Council Meeting Agenda February 19, 2019 – Page 178 of 476 Page 16 a. 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. b. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. c. The project is subject to all current City of Meridian ordinances. d. 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. e. The applicant homeowner’s association shall have an ongoing obligation to maintain all pathways. f. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. g. 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. Process Conditions of Approval a. 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. b. 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. c. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. d. 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). e. 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. f. 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. B. Public Works Department 1. Site Specific Conditions of Approval 1.1 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. General Conditions of Approval 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 179 of 476 Page 17 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 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. 2.9 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. 2.10A 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 180 of 476 Page 18 2.11All 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. 2.12Applicant 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. 2.13It 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. 2.14Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18The 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. 2.19The 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. 2.20At 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. 2.21A 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. 2.22The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23The 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 887-2211. Meridian City Council Meeting Agenda February 19, 2019 – Page 181 of 476 Page 19 C. Meridian Fire Department: http://weblink.meridiancity.org/weblink8/0/doc/157208/Page1.aspx D. Department of Environmental Quality (DEQ): http://weblink.meridiancity.org/weblink8/0/doc/156945/Page1.aspx E. Idaho Transportation Department (ITD): http://weblink.meridiancity.org/weblink8/0/doc/157287/Page1.aspx F. Ada County Highway District (ACHD): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157770 G. Central District Health Department (CDHD): http://weblink.meridiancity.org/weblink8/0/doc/156404/Page1.aspx H. Nampa & Meridian Irrigation District (NMID): http://weblink.meridiancity.org/weblink8/0/doc/157311/Page1.aspx Meridian City Council Meeting Agenda February 19, 2019 – Page 182 of 476 Page 20 IX. FINDINGS Preliminary Plat 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 Council finds that the proposed plat and the step down in density from MDR and LDR is in substantial compliance with the adopted Comprehensive Plan in regard to land use; if the applicant complies with the conditions included in this report, the proposed plat should be consistent with the transportation and circulation goals. 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 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 developer at their own cost, the 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 Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD and ITD consider road safety issues in their analyses. The Council considered all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features on this site that need to be preserved. Meridian City Council Meeting Agenda February 19, 2019 – Page 183 of 476