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Pearson Subdivision (H-2020-0075) Findings Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER In the Matter of the Request for combined preliminary and final plat consisting of 2 building lots and 2 common lots on 3.98 acres of land in the R-4 zoning district and Development Agreement Modification to allow the development of the property with one additional residential lot and specify the requirements for the connection of city services to existing and future residential structures for Pearson Subdivision,by Melanie Pearson. Case No(s).H-2020-0075 For the City Council Hearing Date of: October 13, 2020(Findings on October 27,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 13, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 13,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 13, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 13,2020, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) - 1 - Page 221 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 13,2020, 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 combined Preliminary/Final Plat and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 13,2020, 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 11-613-7A). 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 I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -2- Page 222 Item#9. use not to exceed one(1)two (2)year period.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 conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-617). 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 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. 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 October 13,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -3- Page 223 Item#9. October By action of the City Council at its regular meeting held on the 27th day of , 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 10-27-2020 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -4- Page 224 Item#9. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 Legend DATE: Project Location ; TO: Mayor&City Council ; s , FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2020-0075 E , � Pearson Subdivision LOCATION: The site is located at 175 W.Paint Horse Lane,on the west side of S.Meridian Road approximately 1/4 mile south of Lake Hazel Road, in the SE 1/4 of the NE '/4 of Section 01, Township 2N.,Range - 1W. L PROJECT DESCRIPTION Request for a combined preliminary and final plat consisting of 2 building lots on 3.98 acres of land in the R-4 zoning district and a Development Agreement Modification,by Melanie Pearson. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage _ 3.98(R-4 zoning district) Future Land Use Designation Mixed Use Regional Existing Land Use(s) Residential(one single-family home) Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 2 total lots—2 single-family residential(one new lot) Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 2 units—detached single-family homes of units) Density(gross&net) Gross—0.5 du/ac. Open Space(acres,total N/A—Project size is below the 5 acre minimum. [%]/buffer/qualified) Physical Features(waterways, Rawson Canal—runs along eastern property boundary hazards,flood plain,hillside) adjacent to Meridian Road(area of minimal flood hazard). Neighborhood meeting date;#of August 5,2020—no attendees. attendees: Distance to nearest City Park(+ 1.6 miles to Discovery Park(76.8 acres in size,roughly 30 size) acres of this park has been developed at this time) Page 1 Page 225 Item#9. Exhibit A Description Details Page History(previous approvals) H-2015-0019(South Meridian Annexation);DA Inst. #2016-007442 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Letter received from ACHD • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via existing W.Paint Horse Lane,a Hwy/Local)(Existing and Proposed) private drive.No access is proposed to S.Meridian Road other than via existing access of Paint Horse Lane. Stub Street/Interconnectivity/Cross Other properties use existing W.Paint Horse Lane;no need Access for stub street access at this time. Existing Road Network Yes;private lane is existing and no new road dedication is proposed or required. Existing Arterial Sidewalks/ The subject property has a small area of arterial street Buffers frontage along S.Meridian Road.There are currently no improvements along this frontage.There is an existing berm and buffer. Proposed Road Improvements Applicant is not proposing nor required to improve any right-of-way along S.Meridian Road or Paint Horse Lane at this time. Fire Service No Comments—required turnaround is shown on property. Police Service No Comments West Ada School District No comments were received for this project. Wastewater • Distance to Sewer Services N/A • Sewer Shed MMML� South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.96 • Project Consistent with WW NO—Subdivision will be on septic until utilities are Master Plan/Facility Plan available in the area. • Additional Comments •Flow has been committed •Both units for this subdivision will be on septic. •No proposed changes to Public Sewer Infrastructure within Record.Any changes or modifications,to the Public Sewer Infrastructure,shall be reviewed and approved by Public Works. Water • Distance to Water Services N/A • Pressure Zone 5 • Estimated Project Water See application ERU's • Water Quality Concerns N/A Page 2 Page 226 Item#9. Exhibit A Description Details Page • Project Consistent with Water NO—no utilities are proposed with this subdivision as Master Plan they are not available at this time. • Impacts/Concerns There are no City utilities located in the area. The City Engineer will need to review and grant the utility variance request to not hook up to City water. C. Project Area Maps Future Land Use Map Aerial Map Legend Low Ride De Legend Resift Project Location • � Project Location High-Density Residential Med-High— MUI-RG Density Residential Medium Density Residential u .Zoning Map .Planned Development Map Legend 0 Legend Project Location aProject Location ------- R-4 ' y City Limits RUT R-15C-G Planned Parcels R-6 RUT I R4 ' R-4 - I ' RUT 'I 1 RR --- 1 � 1 � 1 , 1 J � � I I RUTC=2 q -------��---- II R-4 ; C°2 -- 1 1 RUT Page 3 Page 227 Item#9. Exhibit A III. APPLICANT INFORMATION A. Applicant: Melanie Pearson— 1717 N. 7t1i Street,Boise,ID 83702 B. Owner: Mary Taysom— 175 W. Paint Horse Lane,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/17/2020 9/25/2020 Radius notification mailed to properties within 300 feet 7/14/2020 9/23/2020 Site Posting 7/25/2020 9/23/2020 Nextdoor posting 7/14/2020 9/23/2020 V. STAFF ANALYSIS To be concise,the subject application is proposing to subdivide one 4 acre lot into two lots for the purposes of allowing the current owner of the parcel to deed the new lot over to her daughter so that her and her family are close-by,this includes helping her daughter with her newborn child. The subject property was annexed in 2015 as part of a larger annexation known as South Meridian Annexation(H-2015-0019).There is an existing Development Agreement(DA) associated with the original annexation and property and this application constitutes development under City code.In reviewing the existing DA,the Applicant needs to apply for a Development Agreement Modification prior to the City Council hearing for this combined preliminary/final plat.Per the existing DA,the first modification is at no cost to the Applicant. The Applicant has submitted a concurrent DA Modification since being heard at the Planning and Zoning Commission; the new DA provisions are provided below in Section VIII.A1. The subject property has also received City Engineer and Public Works Director approval for a utilities waiver to not connect to City services at this time due to services being more than a half mile away. Staff finds that making a singular property owner pay for extending City services for a two lot subdivision is neither fair nor necessary. Central District Health(CDH) has also approved of an additional temporary well site and septic system—this fact further diminishes any concern Staff has with the Applicant's application regarding water and sewer services. Please see further Staff analysis below. A. Future Land Use Map Designation(https:llwww.meridiancitE.or /�comQplan) Mixed Use Regional—The purpose of this designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate Page 4 Page 228 Item#9. Exhibit A supporting uses. For example, an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The subject site is part of a large area in south Meridian with this future land use designation. However, much of these sites are already zoned R-4, medium-low density residential. This zoning does not allow or offer the Applicant the opportunity to develop the site in accordance with the future land use designation. Because this site is relatively small in comparison to most mixed use properties, Staff finds that the mixed use requirements and policies cannot be obtained at this time. These policies should not be aimed for at this time due to the fact that no other nearby properties offer any mix of uses and have not been redeveloped since their annexation in 201 S—Staffs review shows all of the nearby properties to still be low-density residential homes. There is always the chance that in the future much of this area in south Meridian will redevelop with larger parcels of land.At that time, it will be up to the property owners to determine if redevelopment is applicable. B. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The main purpose of the proposed development is to create a new lot for the Applicant to build a home nearby her mother, the existing property owner. All of the surrounding homes lay on large undeveloped lots even though they are annexed into the City. This subdivision will not change the existing character of the surrounding development and will add an additional single-family home for the City of Meridian. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G). Staff finds that the existing and known development of the immediate area create conditions that do not allow for this property owner to connect to City water and sewer services as required by code. Public Works, Meridian Police Department and Meridian Fire have no objections to this small subdivision. No other services should be affected as the existing access is to remain. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F).Due to the size of the subject property being less than 5 acres, there are no open space requirements. However, this application is only a two-lot subdivision where a majority of each parcel will be undeveloped and remain natural space for each property owner to enjoy. Although the proposed development does not align entirely with the current vision of the Comprehensive Plan, the predominate FL UM designation in the area is MU-R.Staff is of the opinion that it may be quite some time before City utilities are available to this area of Meridian and therefore supports the development of this property as it is consistent with the current R-4 zoning of the property.A mix of uses should occur in the vicinity with the redevelopment of the adjacent property to the north and east. For these reasons,staff believes the proposed development is generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: The subject site currently holds a single family home on the entire 4 acre parcel owned by the mother of the Applicant. This property, along with nearby properties,was annexed in 2015 but were not required to connect to City services at that time due to services not being available. This situation has not changed and because this subdivision is only for the purposes of creating one additional lot, Staff does not find it appropriate to require this owner to provide public utilities to their property at this time.However,when services do Page 5 Page 229 Item#9. Exhibit A become available in S. Meridian Road,the Applicant will be required to connect to them as conditioned in this application and the existing Development Agreement. D. Proposed Use Analysis: The proposed use is single-family residential; single-family detached dwellings are listed as principally permitted uses in the R-4 zoning district per UDC Table 11-2A-2. The average lot size is 2 acres with the largest lot being 2.6 acres in size. The proposed use complies with all UDC requirements for the R-4 zoning district. E. Dimensional Standards(UDC 11-2): The submitted Preliminary Plat and Final Plat show lots that are 1.36 and 2.62 acres in size. These proposed lot sizes are vastly larger than the minimum lot size requirement of 8,000 square feet for the R-4 zoning district. The existing R-4 zoning district also requires a minimum dwelling size of 1,400 square feet with the first floor gross area being at least 800 square feet. The proposed plat meets the UDC dimensional standards for the R-4 zoning district. In addition, any future home built on the new parcel will be required to meet the minimum dwelling size requirements as outlined in UDC Table 11-2A-5. F. Access(UDC 11-3A-3, 11-3H-4): Access to this development is proposed via an existing private lane,W. Paint Horse Lane. ACHD is not requiring any public road dedication due to the access not being changed—the subject application does not warrant a public road or road improvements at this time according to ACHD. In accord with the existing access,UDC 11-3H-4 requires that if an existing state highway access has an increase in intensity that it is to be removed upon development or dedicated to ACHD and be constructed as noted on the Master Street Map(MSM). Paint Horse Lane is shown as a future collector roadway on the MSM but the addition of one single-family home does not warrant the construction of a collector roadway at this time. With the DA Modification the Applicant needs to apply for prior to City Council,new DA provisions will address this and ensure any future development meets the required development standards. As noted above, the subject application is proposing to subdivide one 4 acre lot into two lots and is proposing to use the existing access; there is no proposal to add an additional access to the state highway. Staff and ACHD find that the existing private access is sufficient for one additional single family home. Because other abutting properties are not redeveloping at this time there is no feasible way for the Applicant and owner to comply with those requirements in 11-3H-4. In addition, adding one home does not warrant sufficient traffic to construct a collector roadway as shown on the MSM. However, Staff understands that should any more intensive redevelopment occur on site or surrounding the property, the access will be evaluated for compliance with these requirements. Staff is recommending DA provisions be added with the DA Modification application that requires a future collector street consistent with the MSM if/when this or adjacent properties redevelop with more intense uses consistent with the MU-R land use designation. G. Pathways (UDC 11-3A-8): Per UDC 11-3H-4C.4,the Applicant is required to construct a ten(10) foot multi-use pathway along the frontage that abuts S. Meridian Road(SH 69). The Applicant is not proposing a multi- use pathway along Meridian Road at this time. The Parks Department has reviewed this application for the applicability of the required multi- use pathway along Meridian Road. Per the comments received by Parks (see Section VIII.Q, the Applicant is not required to construct this section of the multi-use pathway along Meridian Road. Page 6 Page 230 Item#9. Exhibit A The closest pathway that is currently under construction is adjacent to Prevail Subdivision and is located approximately 3/a of a mile north of this and is on the opposite of Meridian Road. Because of this, this short segment of pathway would be constructed and then lead to nowhere for the foreseeable future. Therefore, Staff is recommending that the Applicant grant a multi-use pathway easement within the required street buffer prior to final plat signature. This future pathway is the only required pedestrian infrastructure at this time due to Paint Horse Lane being a private lane that will likely be removed or redeveloped when other, larger nearby properties redevelop in the future. H. Sidewalks(UDC 11-3A-17): No sidewalks are proposed with this development. See pathway analysis above for further clarification. As noted above, the Applicant will be using an existing private easement for access and therefore no streets are being constructed with this application. Sidewalks will be required in the future with the extension of the collector street as this area redevelops. I. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to S.Meridian Road, a state highway and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. The landscape plan depicts a 25 foot wide landscape buffer instead of the required 35 feet. The correct amount of landscaping and a berm/fence combination at least 10'above the height of Meridian Road centerline height in accord with UDC 11-3H-4D is shown on the submitted landscape plans (see Exhibit VII.D). Staff is recommending a condition of approval to correct the width of the required landscape buffer along the state highway—the buffer width shall begin its measurement into the site at the edge of the ultimate right-of-way for Meridian Road/SH 69. In accord with UDC 11-3B-7C,the required street buffer is to be placed in a common lot and owned and maintained by a homeowner's association. The nature of this two lot subdivision will not create a homeowner's association and therefore that requirement cannot be applied in this case.In addition, the submitted plat and landscape plans do not show the street buffer to Meridian Road in a common lot. Staff is recommending a condition of approval to amend the plat prior to City Council to show this lot in a common lot to be owned and maintained by the Applicant, Melanie Pearson. Parallel to Meridian Road, the Rawson canal runs through the eastern edge of the subject site. The required buffer landscaping is shown to be outside of the easement for the Rawson Canal meeting the Boise Project Board of Control(BPBC) requirements. In addition, the Meridian Lateral abuts the property along its southern boundary but is not on the subject site. The Applicant is not proposing any landscaping within its easement per the requirements of BPBC. J. Fencing(UDC 11-3A-61 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The existing fencing along the boundary of the subject site is shown on the landscape plans. This fence appears to be open vision fencing and is proposed to be protected in place. In addition,the Applicant is proposing a 6-foot tall vinyl privacy fence along the top of the proposed landscape berm. The existing and proposed fencing appear to meet those standards listed in UDC 11-3A-7. K. Waterways(UDC 11-3A-6): The Rawson Canal runs along the eastern boundary of the subject site and appears to already be tiled. The Applicant has not proposed any improvements within its easement other than shrubs and grass as allowed by BPBC. Page 7 Page 231 Item#9. Exhibit A VI. DECISION A. Staff: Staff recommends approval of the requested combined preliminary and final plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard this item on August 20, 2020.At the public hearing,the Commission moved to recommend approval of the subject combined Preliminary and Final Plat request. 1. Summary of Commission public hearing_ a. In favor: Melanie Pearson,Applicant b. In opposition:None c. Commenting: Melanie Pearson d. Written testimony: None e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission. a. What is the timeline for services being available to the site, b. Ensuring. t�pplicant is aware of the potential future costs associated with develop the site. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C The Meridian City Council heard these items on October 13,2020. At the public hearing,the _ Council moved to approve the subject combined Preliminary/Final Plat and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Melanie Pearson.Applicant b. In opposition: None c. Commenting.None d. Written testimony.None e. Staff presenting application: Joseph Dodson f Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 8 Page 232 Item#9. Exhibit A VII. EXHIBITS A. Preliminary Plat(dated: April 30,2020) S �� g M� i Y. IAid ilm N�zvZO Z N lye I t+ �e I�r �i II J ---' �•- � ai'�C 5 5 4' 3 R �� �1 $k ��E 6 3 S z a a. C a ink '� 'aH irnm Page 9 Page 233 Item#9. Exhibit A B. Final Plat(dated: April 30 2020 October 2020) r I— � o �8 _ coop noa""'a• ' oa f$9 °c VAPId= S0°52'56^W y _- +n5M Sa.40� ji A gi n ma�z° a� monv� -" Io I A - =o �o d ,�>� II • I �g� - v o 11 .�-,m cEmTozp gympm_ S � � Oqti O m"oF vm �F __mop A z, n Py`^gr; 110 I�s eno cc-,, z / g !' � HC/t� , � x O po �ss`.. 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CERTIFICATE OF SURVEYOR: cGUNn'GEaDA) f�PNiCEL OF LAND LYING IN THE SIXITHEM1ST QUARTER GF THE NOItHE�ST QUATTER OF SECTIO =N 1 TOVJIJSHIP 2 NORTH IRA— NEST BTISE MERIDIAN,ACA CTUNTT'.IDAI10 MIXiE _ MY C.iAVS FART ICULARLY DESCRIBED AS FOLLdNE. OLS OF v ANC wAs[w-Y REcoRUED CIUME—NDATTHEONEQUARTER CORNER 2MMONTO SECT.ON I T]NR'.YV AND ILWFOyJLEKiAI M1OI Itic NF IICI a HIHLbIAIEaF INETFRIOIMFI.TNUNBFR FiAiH Ai PADEB THROJOH = e•'E lane LS OF RFARING EAST urvE 5ECTION')ALZITHE EAST PU.�Pl IASG E _ � 151_R S. = aP DISTANCE IF fix as FEET Ta THE wEsr�RLY Rlrrvr nF•rvAr I.INE.I1G'.NAMER 11N`OADw o-P..TVRCORDER Er-.,FNCIa REceRDER GATE HIGHWAY 65(AND THE RE PoINIT 0=BEGI%n I\;, JOHNW SHARP PL_0�.5 l�rC OS F a PEC THENCE ALgJGALgJGTHENCRTHLINECETHENO1I L4T0CARTER,48 41•'N'ADISTANCE �y/y y( sVp of sae ar FEET CERTIFICATE OF COUNTY TREASURER L III IF 11-1H APPROVAL O I F CM OF MERIDIAN V oI SAVE eEaEu anio IN cua.THls E FDLLawlv�couR PLANNING AND ZONING COMMISSION IFFT FI. ON IEVAIE PER THE NEXT Hlar�lICIIOAvs OLv. THENCE923"19U8"EA DISTANOCOF I O],•_EET'. AND AF>'ROUFn THIS - 202n S✓THE CITY NGESY]'aS'45'I 10111 ANCEOFS6.9J FEET CF DER.DIAN PLANNI NG AND ZONING CD DESIGN OF IDAHO. RNI-ERTU3E9A DE9IGNMEDHEREFN,ANDn0PERAIANEMBTRUR JRE9n E-OBEERECTED ANY I97IIr C,r AADEASEI,1F S EAcu LOTls-ODESERVEDav AU INDIVIDUALw LL. APPROVAL OF SOUTUnST DISTRICT HEALTH CERTIFICATE OF COUNTY SURVEYOR REODIREDEV D - vE H�T - nmL`N7Y lT. "ATL THE DAIF APPROVAL OF MERIDIAN CITY ENGINEER ACKNOWLEDGMENT OITv ENG VEER DATE c=unTV DF ADA }s= APPROVAL OF MERIDIAN CITY T7ATIfE WITH IN I NIRUM ENT.An D 1CRNDIM1LEDGED TO METHATHE E%ECUE'J THE HERE e.CERTIFY IF THIS PUT r.As axFPTEOANTIE DAFPnv11 �Eo coNT Preparad by r.prARV Puau_Fca IDAFO �rP R SUIM,InC• Engineers & Surveyors MY COMMISSION EXPIRES. sea N_—El BOIne,m.a M FRIDIANGRY."N DATF Dete.DCTOBFR 0'l,2D2D Jab No.2018 Ardor Ar.,Jim Page 11 Page 235 Exhibit A C. Landscape Plans(dated: 6/16/2020 9/21/2020) 2VTJ AUVNIVJRJUd NVId 3dVOS(INV-1 31, 9C9 OHVCII 'NVIC]18�1VI 'N_1 JSUOH iNIVd 'M NOISIAIcenS NOSHV]d 11 IIH—1 z y cn q A14, 'I LLI u LU 101,gy Re NMI L-U F 0- 0 34 Co EE \E 01 M '$� k tl 4 u I IM Oh uj" N �d z Lj R, q 0 WOO H 411�1 X� C-)6888 G (Bee@@ N� � ' - RHI v uj u Cc' at LA z <0 5'q U, w w oLLI C� IN T2 A 1 4 ow,i 4 V 0 Z. Ib �NW '14N I LLJ LL E) z Page 12 EilExhibit A Wd AuvmRn3Hd MiviK 3dVOSCINVI C LO Zt,968 0HVC1 'NV1G1d]h M 3MOH iNNd 'M NOISIMMS NOSUV3c] z U 'T I L N Elul! N R lHa"I 1w 'T' 6 zz Olin! 1 fly If- AM> A A Ogg q too ZE MI '40WE Wo'�P ili 0 H! 92 Mill 1 WIN m 1 1 UP 10 MINE 415 .Pg-di' M a I �"ifl� jap N p Himm, O H, 14 PI1NI HMN I still lHomm q CA dd dlt ILI Page 13 EEI Item#9. Exhibit A D. Utilities Waiver Letter—City Engineer approval to delay utility hook-up (dated: July 30,2020) Mayor Robert E,Simison ETD AN � City Council Members: 1 1 1 Treg Sernf Brad Hoaglun Jae Berton Jessica Perreault Luke Cavener Liz Strader MEMORANDUM DATE: July 30,2020 TO: Mayor Robert Simison Members of the City Council CC: Warren Stewart,Joseph Dodson FROM: Dale Bolthouse RE: Waiver of water and sewer services connection for 175 Painted Horse Ln. The City of Meridian received an application to develop property at 175 Painted Horse Lane(see attached map). The property owner has requested a waiver to connect to the City's water and sewer systems. The requester is dividing their property to add an additional building lot. The property was annexed a.few years ago as part of the larger South Meridian Annexation. The existing property is served with well water and septic. City water and sewer services are likely several years away. Public Works has reviewed the application information for 475 Paint Horse Ln,along with other supporting documents.Based on the current distance to existing water and sewer infrastructure,and the fact the applicant is only requesting a two lot subdivision in order to build one additional home.the Public Works Department supports the request to waive the requirement to connect to the City's water and sewer system.However,we recommend the property owner enter into a Connection Agreement with the City of Meridian requiring them to connect to water and sewer services when those services are adjacent to the property.The following conditions should be included as part of that agreement: • Owner pays the applicable assessment fees required to connect at time of connection • Owner constructs the water and sewer service connections • All other required City of Meridian fees be paid • Development meets Planning and Zoning requirements Please feel free to contact Warren Stewart or me ifyou have any questions regarding this matter. ,�6a Dale Bolthouse Director of Public Works City of Meridian Public Works Attachment: Map of Request Location Public Works Department. 33 E_Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-898-5500 .Fax 208-898-9551 .www.meridiancity.orq Page 14 Page 238 Item#9. Exhibit A W Amity Rd _...--._. -- ' -- E Ami-ty Rd -•Citadel� � ; '1'§ !' � � .. Neridran i P W- .1 s : ,.law :ti ICI -'I II EIj ' rj 8Ra H?;eovalj No 02�7 F-.-� WIL•��'R714 1--��C_I�_�—L r.'r:�v,ii7.i•;o-Oi—y�_ 24 Su6divislarr- - .L Apex - Subdivfsfon ■ W Lake Hazel-.Rd- E � W.. a,. S fie. F ■.{, �..rr•� �'�X'�v 4 1L�.i1ir 1•}qi��' �.7�1. t t Page 15 Page 239 Item#9. Exhibit A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The Applicant shall apply for a concurrent Development Agreement Modification application prior to this application being heard in front of City Council and at a minimum the following new provisions shall be added to the amended DA: a. This development is not currently serviceable by Meridian Sanitary Sewer or Water Systems. The parcel owners shall be required to cease using their wells and septic systems and connect at their expense,to the Meridian Sanitary Sewer or Water Systems when they become available per MCC 9-1-4 and 9-4-8. b. Prior to City Engineer's signature on the final plat,the Applicant shall enter into a Connection Agreement with the City of Meridian in accord with the connection waiver letter attached in Exhibit VII.D. c. The applicant shall place W. Paint Horse Lane (a private road)in a separate 50-foot wide non-buildable lot for the construction of a public collector street in accordance with the Master Street Map. Timing for the extension of the roadway is predicated on the redevelopment of the parcel beyond two residential lots or with the redevelopment of the MU-R designated parcels to the north. At the time said roadway is constructed,the Applicant shall relinquish their rights to the use of said easement in favor of taking access from a future public street. 2. The final plat included in Section VII.B is approved as revised., dated April 30,2020, shal revised as follows prior-to City Engineer-sigaalufe on the pla4: a. Revise the-pW to add a 3 5 feet wide eemmen lot along S. Mer-idian ReaWS14 69 to he! . Revise plat note#6 to add: lot-aeeess to S. Meridian d%SFT�s e. Add a 50 feet wide eemmen lot along the aei=ffiem pr-epei4y beenda-Fy ever-the existing W. Paint Her-se Lane to reserve this afea for-f4ffe p4he right of way. d. Add a plat note that states the fiew eemmen lot piaeed ever-the existing W. PaifA Her-se 3. The landscape plan included in Section VII.C,datedRine 19, 2020, shall be revised pr-ier-to City Engineer signature e the plat: September 21,2020,is approved as submitted. a. Revise the!a-adseape plan ie show a 35 feet wide landseape stfee!buffer-along-& Mer-idian Read. b. Revise the berm/ enee eexrbe exhibit to meet UPC rr314 4 P requirements the r-equir-ed befm1fenee eembe aleng Mer-idian Read shall be at least ten(10) feet high as 4. Prior to City Engineer signature on the Final Plat,the applicant shall submit a public access easement for the required multi-use pathway along Meridian Road/SH 69 within the required landscape buffer,wholly outside of the right-of-way. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide(10' pathway+2' shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. Page 16 Page 240 Item#9. Exhibit A 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-4 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per dwelling. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 8. Upon completion of the landscape buffer installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 9. Approval of this combined preliminary and final plat shall become null and void if the applicant fails to obtain the city engineer's signature on the plat within two(2)years of the approval of the combined preliminary and final plat. B. PUBLIC WORKS 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 future installation agreement for streetlights will be required for the required lights on Meridian Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.2 This development is not currently serviceable by Meridian Sanitary Sewer or Water Systems. The parcel owners shall be required to cease using their wells and septic systems and connect at their expense,to the Meridian Sanitary Sewer or Water Systems when they become available per MCC 9-1-4 and 9-4-8. 2. General Conditions of Approval 2.1 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 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. 2.3 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. 2.4 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.5 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.6 All grading of the site shall be performed in conformance with MCC I I-12-3H. 2.7 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. 2.8 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. Page 17 Page 241 Item#9. Exhibit A C. PARK'S DEPARTMENT https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=191554&dbid=0&r0o=MeridianC hty D. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=191386&dbid=0&r0o=MeridianC hty E. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=190916&dbid=0&r0o=MeridianC ky F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=191398&dbid=0&r0o=MeridianC ky G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=192079&dbid=0&r0o=MeridianC iv IX. FINDINGS A. Combined Preliminary and Final 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: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, is in general compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Water and Sewer services cannot be provided to the subject property at this time. The City Engineer and Public Works Director have approved a waiver for this requirement(See Exhibit VILD). Council finds that all other services are available for the subject property. (See Section VIII of the Staff Report for more details from public service providers) 3. 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 a later date as discussed above, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Page 18 Page 242 Item#9. Exhibit A Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VIII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, 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. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. The Applicant is not proposing any improvements along either waterway on or adjacent to the site other than landscaping outside of the applicable easements. Page 19 Page 243