2022-10-18 Regular
City Council Regular Meeting
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, October 18, 2022 at 6:00 PM 6:11 p.m.
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Liz Strader
Councilman Treg Bernt
Councilwoman Jessica Perreault
Councilman Joe Borton
Councilman Brad Hoaglun
Mayor Robert E. Simison
ABSENT
Councilman Luke Cavener
PLEDGE OF ALLEGIANCE
COMMUNITY INVOCATION
ADOPTION OF AGENDA Adopted
PUBLIC FORUM – Future Meeting Topics
ACTION ITEMS
1. Public Hearing for Idak Subdivision (SHP-2022-0010) by Sawtooth Land
Surveying, located at 840 E. Ustick Rd. Continued to November 1, 2022
Application Materials: https://bit.ly/SHP-2022-0010
A. Request: Short Plat to subdivide 8 existing single-family building lots into
two (2) single-family building lots on approximately 2.09 acres in the R-2
zoning district.
Motion to continue to November 1, 2022 made by Councilman Hoaglun, Seconded by
Councilman Borton.
Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman
Borton, Councilman Hoaglun
FUTURE MEETING TOPICS
ADJOURNMENT 6:16 p.m.
Meridian City Council October 18, 2022.
A Meeting of the Meridian City Council was called to order at 6:12 p.m., Tuesday, October
18, 2022, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad
Hoaglun and Liz Strader.
Members Absent: Luke Cavener.
Also present: Chris Johnson, Bill Nary, Berle Stokes and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
X Jessica Perreault Luke Cavener
X_ Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is October 18th,
2022. It is 6:12 p.m. We will begin this evening's regular City Council meeting with roll
call attendance.
PLEDGE OF ALLEGIANCE
Simison: Next item is the Pledge of Allegiance. If you could all, please, rise and join us
in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Our next item will be the community invocation, which tonight will be delivered
by Christopher Ellis with Capital Church. If you would all, please,join us in the community
invocation or take this as a moment of silence and reflection. Mr. Ellis.
Ellis: Thank you, Mayor Simison and Council Members. If you would bow your heads.
Lord, we just take this time to just take pause and just thank you and reflect on your
graciousness, your mercy, your gift of -- of wisdom and, Lord, we just ask that you would
just continue to guide, continue to direct our lives. Lord, we just thank you that you paint
the skies of-- of this great state of Idaho, that you grow the grass and that you have given
us such a rich land and, Lord, we just ask that you would just continue to breathe on it.
Continue to allow your mercies to flow on it. Lord, I ask that you would just continue to
do a great and mighty work and -- and, Lord, I pray that you just rest on this Council as
they move forward in deciding the direction of the -- of this great city and, Lord, I ask that
Meridian City Council
October 18,2022
Page 2 of 4
you would just give them wisdom, you would just breathe on them, give them rest, give
them peace and thank you for an abbreviated night for them, in Jesus' name. Amen.
ADOPTION OF AGENDA
Simison: Next up is the adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Before I make a motion to adopt the agenda I just want people to know, whether
they are online or in the audience, that Item No. 1 is going to be continued due to a
noticing error. That will be for November 1 st is when that will be heard. Just to note that.
So, Mr. Mayor, I move adoption of the agenda as published.
Borton: Second.
Simison: I have a motion and a second to adopt to the agenda as published. Is there
any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have
it and the agenda is adopted.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
PUBLIC FORUM — Future Meeting Topics
Simison: Next up is the public forum. Mr. Clerk, do we have anyone signed up under this
item?
Johnson: Mr. Mayor, we did not.
ACTION ITEMS
1. Public Hearing for Idak Subdivision (SHP-2022-0010) by Sawtooth
Land Surveying, located at 840 E. Ustick Rd.
A. Request: Short Plat to subdivide 8 existing single-family building lots
into two (2) single-family building lots on approximately 2.09 acres in
the R-2 zoning district
Simison: Okay. Then with that we will move on to our Action Items for the evening. First
item up is Item 1. Mr. Hoaglun.
Hoaglun: Mr. Mayor, I would move that we continue the public hearing for SHP 20 --
Meridian City Council
October 18,2022
Page 3 of 4
Simison: I guess we need to -- if we are continuing we need to open it first, so -- Mr. Nary,
is that correct?
Nary: We actually can't open it since we didn't notice it. So, we are just moving it to --
Simison: Okay. Okay.
Hoaglun: So, Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I would move that we continue the public hearing for SHP-2022-0010 to the
date of November 1 st, 2022.
Borton: Second.
Simison: I have a motion and a second to continue this item. Is there any discussion? If
not, all in favor signify by saying aye. Opposed Nay? The ayes have it and the public
hearing will be continued.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
FUTURE MEETING TOPICS
Simison: Council, anything under future meeting topics?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: This already might be on the radar, but it's that time of year where golf course
topics come up and I know goods and bads from this current year and the rate structure
in particular I think will come before us. Hopefully at least we can have some discussion
at a workshop before the end of the year about what worked well, things we can make
better. Does Council have an appetite for doing a resident rate and a non-resident rate
-- kind of broader policy question, so, hopefully, that can get on a workshop discussion.
Probably already is on the radar.
Simison: Okay. Anything else? Then do I have a motion to adjourn?
Hoaglun: Move to adjourn.
Simison: Have a motion to adjourn. All in favor signify saying aye. Opposed nay? The
ayes have it and we are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council
October 18,2022
Page 4 of 4
MEETING ADJOURNED AT 6:16 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 11/1/2022
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN;---
AGENDA ITEM
Public Forum - Future Meeting Topics
The Public are invited to sign up in advance of the meeting at
www.meridiancity.org/forum to address elected officials regarding topics of
general interest or concern of public matters. Comments specific to an active
land use/development applications are not permitted during this time.
By law, no decisions can be made on topics presented at the Public
Forum. However, City Counicl may request the topic be added to a future
meeting agenda for further discussion or action. The Mayor may also direct
staff to provide followup assistance regarding the matter.
1
CITY OF MERIDIAN
CITY COUNCIL
i
PUBLIC FORUM SIGN-IN SHEET
Date: October 18, 2022
r
Please sign in below if you wish to address the Mayor and City Council and
provide a brief description of your topic. Please observe the following rules of
the Public Forum:
• DO NOT:
o Discuss active applications or proposals pending before Planning
and Zoning or City Council
o Complain about city staff, individuals, business or private matters
• DO
o When it is your turn to speak, state your name and address first
o Observe a 3-minute time limit (you may be interrupted if your topic
is deemed inappropriate for this forum)
Name (please print) Brief Description of Discussion Topic
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing for Idak Subdivision (SHP-2022-0010) by Sawtooth Land
Surveying, located at 840 E. Ustick Rd.
Application Materials: https:Hbit.ly/SHP-2022-0010
A. Request: Short Plat to subdivide 8 existing single-family building lots into two (2) single-family
building lots on approximately 2.09 acres in the R-2 zoning district.
STAFF REPORT E COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/18/2022
DATE: 4
n+
TO: Mayor&City Council
FROM: Joseph Dodson,Associate Planner
i
208-884-5533 .-
SUBJECT: SHP-2022-0010a..
.........
Idak Subdivision
o«-.
LOCATION: Located at 840 E.Ustick Road, on the
north side of E. Ustick Road near the 1/2
mile mark between N. Meridian Road
and N. Locust Grove Road, in the SW
1/4 of the SE 1/4 of Section 31,
Township 4N, Range 1E.
I. PROJECT DESCRIPTION
Short Plat request to subdivide an existing single-family building lot into two (2) single-
family building lots on approximately 2.09 acres in the R-2 zoning district, by Sawtooth
Land Surveying.
IL APPLICANT INFORMATION
A. Applicant:
Amy Rosa, Sawtooth Land Surveying—2030 S Washington Ave,Emmett,ID 83617
B. Owner:
Blaine Bergin—840 E.Ustick,Meridian, ID 83646
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
10/2/2022
Radius notice mailed to property
owners within 500 feet 9/29/2022
Page 1
Posted to Next Door 9/30/2022
IV. STAFF ANALYSIS
The proposed short plat will split an existing residential lot into two (2)building lots for the purpose
of constructing a dream home on the new lot. The existing home is proposed to remain and is located
within the required landscape buffer to Ustick Road, an arterial street. The Applicant has requested
Alternative Compliance(ALT)to the buffer width due to the existing landscaping and the location of
the home; further analysis is below. As noted,the subject property has public road frontage along E.
Ustick Road,an arterial street,that abuts the properties south boundary. Ustick Road was recently
widened to its anticipated width and was reconstructed with 7-foot attached sidewalk on both sides of
the roadway. Therefore,pedestrian connectivity along the arterial is code compliant.
The subject property was annexed in 2019 (H-2019-0098)for the purpose of connecting the existing
home to City water& sewer. At the time of annexation, future plans for the property were not yet
known so the City annexed the property with the R-2 zoning designation delineating that the property
would be low density residential in the future, consistent with the future land use designation on the
subject property. Further, due to the existing home remaining and the anticipation that future
development would require subdivision, access to the site was noted to be analyzed with future
applications in accord with UDC 11-3A-3. Therefore, Staff is analyzing access to the property with
this short plat application.
Current access to the property is through a shared driveway along the southeast corner of the property
that is located on the adjoining county parcel to the east, 870 E.Ustick. However, according to the
submitted plat,the access easement is on the subject property with a portion of the easement
encroaching on the corner of the existing home and not on the adjacent county parcel. With the
subject applications,the Applicant is proposing a new access for the new building lot located where
the current curb cut exists to Ustick near the midpoint of the south property line.
UDC 11-3A-3 requires properties that currently take direct access to arterial streets to take access
from a local street upon development. In this case,no existing local streets are available to take
access from and Staff finds requiring this property owner to create a new local street would create
minimal opportunities for future extension nor provide access to a relevant number of properties.
Further,the intent of UDC 11-3A-3 is to"improve safety by combining and/or limiting access points
to collector and arterial streets and ensuring that motorists can safely enter all streets."Therefore,
Staff is recommending the following revisions to the proposed access consistent with UDC standards:
1. Relinquish existing rights to the shared access easement with 870 E. Ustick;
2. Add a common drive,within a common lot, along the west and north property boundaries of the
proposed Lot 2,the lot containing the existing home;
3. Show existing home and proposed home to take access from new common drive instead of the
shared access to the east; and,
4. Add a note to the plat stating cross-access for the proposed building lots (Lots 1 &2) and for
access to 870 E. Ustick, consistent with UDC 11-3A-3.
Staff has included a depiction of the proposed common drive location in Exhibit V1.0 below for
visual purposes.
In addition, it is unclear if the existing home has a garage consistent with off-street parking
requirements in UDC 1 I-3A-6. The Applicant should verify the number of bedrooms of the existing
Page 2
home and note on the plat the location of the garage. If there is no garage,the Applicant is required to
construct a garage consistent with UDC standards.
The Applicant has submitted two landscape plans that together depict the proposed landscape buffer
along Ustick Road. Per UDC 11-2A-4, a minimum 25-foot wide landscape street buffer is required
along Ustick. As discussed above,the Applicant is requesting Alternative Compliance to this
requirement for the landscape buffer along Lot 2 for the existing home to comply with UDC
dimensional standards. The submitted short plat depicts the required 25-foot landscape buffer on the
remaining buffer length but the submitted landscape plan depicts only 15 feet of landscaping along
Ustick on Lot 1. Staff does not support a reduction of the landscape buffer along Lot 1 and this area
was not included in the ALT request, so the Applicant should revise the landscape plan prior to
submitting for plat signature to depict the required 25-foot street buffer width. Further,the submitted
landscape plan for Lot 1 does not appear to depict adequate ground cover consistent with UDC 11-
313-7 and UDC 11-313-5 by depicting landscape rock as the main ground cover material. Therefore,
the Applicant should revise the landscape plan to depict adequate ground cover to comply with UDC
standards prior to City Engineer's signature on the plat.
ALTERNATIVE COMPLIANCE(UDC 11-5B-5B.2):
The Applicant is requesting Alternative Compliance to the landscape street buffer dimensional
standards outlined in UDC 11-2A-4 for the R-2 zoning district which requires a minimum 25-foot
wide landscape street buffer to arterial streets. The alternative compliance proposal requests the City
consider the location of the longstanding home and the existing landscaping along the Ustick
frontage.
According to the submitted landscape plans and plat,the Applicant is depicting a 15-foot wide
landscape buffer along Ustick to be contained within an easement, as allowed by UDC 11-313-7. This
buffer is shown to depict two trees, a number of columnar trees, and shrubs. Further,placing the
landscape buffer within an easement allows the building setback to be measured from the back of
sidewalk instead of the back of the buffer;therefore,the landscape buffer will not create a setback
nonconformity for the existing home since it is approximately 17 feet from the back of sidewalk.
After taking the existing conditions of the site into account and reviewing the landscape plan, Staff
finds the proposed landscaping to be a sufficient means of complying with the landscape buffer
dimensional standards and the required landscaping standards outlined in UDC 11-2A-4 and UDC 11-
3B-7,respectively.
The Director has approved the request for alternative compliance to Unified Development Code
(UDC) 11-2A-4 for the subject property and only for the buffer depicted along Ustick on the
proposed Lot 2,based on the required Findings listed in UDC 11-5B-5E, as follows:
1. Strict adherence or application of the requirements are not feasible; or
The Director finds it is not feasible to meet the UDC requirement referenced above due to the
location of the existing home relative to the recent widening of the adjacent arterial street, Ustick
Road.
2. The alternative compliance provides an equal or superior means for meeting the requirements; and
The Director finds the Applicant's proposed alternative means of complying with the intent of the
UDC, as proposed in the attached landscape plans and plat,provides an equal means of meeting the
requirement.
Page 3
3. The alternative means will not be materially detrimental to the public welfare or impair the intended
uses and character of surrounding properties.
The Director finds that the alternative means will not be materially detrimental to the public welfare
or impair the intended use and/or character of surrounding commercial property nor the approved
multi family development.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5A.2 and the required zoning regulations of the R-2 zoning district and deems the short
plat to be in substantial compliance with said requirements, except for those outlined to receive
alternative compliance above.
V. DECISION
Staff:
Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this
report and in accord with the findings in Section VIII.
Page 4
VI. EXHIBITS
A. Short Plat(dated: August 2022)
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Page 9
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development: H-2019-0098.
2. If the City Engineer's signature has not been obtained within two(2)years of the City
Council's approval of the short plat,the short plat shall become null and void unless a time
extension is obtained,per UDC 11-613-7.
3. Prior to submittal for the City Engineer's signature, obtain the signatures from the Ada
County Highway District and Central District Health Department.
4. The short plat prepared by Sawtooth Land Surveying in August,2022 by Fritz Brownell,
included in Section VI.A, shall be revised as follows:
a. Add a common drive,within a common lot, along the west and north property boundaries
of the proposed Lot 2,the lot containing the existing home, substantially consistent with
the exhibit in VI.0 above.
b. Show existing home and proposed home to take access from new common drive.
c. Add a plat note granting cross-access for the proposed building lots(Lots 1 &2)of this
subdivision and 870 E.Ustick to utilize the new common drive.
d. Direct lot access to Ustick Rd is prohibited in accord with UDC 11-3A-3.
5. Per UDC 11-513-513.2,the Director(at the applicant's request)approved alternative
compliance regarding the landscape buffer width on Lot 2 (UDC 11-2A-4). See"Alternative
Compliance"section above for staff analysis.
6. Prior to submittal for the City Engineer's signature on the plat,revise the landscape plans to
depict the required 25-foot wide buffer along Ustick Road on Lot 1 per UDC Table 11-2A-4
and vegetated in accord with UDC 11-3B-5 & 11-3B-7 standards.
7. The existing home on Lot 2 and any future home on Lot 1 shall adhere to the off-street
parking standards outlined in UDC 11-3C-6 based on the number of bedrooms per household.
8. The common drive shall be constructed and maintained in accord with UDC 11-6C-3D
standards.
9. An exhibit shall be submitted with the Final Plat Signature application for the common
driveway that depicts the setbacks, fencing,building envelope and orientation of the lots and
structures in accord with UDC 11-6C-3D. Solid fencing adjacent to common driveways is
prohibited unless separated by a minimum 5-foot wide landscaped buffer.
10. Prior to obtaining City Engineer's signature on the plat,the Applicant shall provide written
verification that their interest in the shared access easement(Inst. #310704)between 870&
840 E. Ustick has been relinquished(i.e. a new recorded document releasing all interest in
said easement).
11. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals
noted above does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
Page 10
1. Single 1 inch service should be installed for new home because of long private-side service
length.
2. Ensure no sewer services pass through infiltration trenches.
3. A streetlight plan will be required for the development of this property.
General Conditions:
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. 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.
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. 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.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). 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.
5. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
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 addressed
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.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
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.
9. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
10. 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.
11. 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.
Page 11
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.orglpublic_works.aspx?id=272.
19. 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 887-2211.
VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE
In consideration of a short plat,the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with the
Unified Development Code;
The Comprehensive Plan designates the future land use of this property as Low Density
Residential and the current zoning district of the site is R-2. Staff finds the proposed short plat
complies with the Comprehensive Plan and is being developed in accord with UDC standards
for the existing zoning district and previous approvals.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Staff finds that public services will be provided to this property and are adequate to serve the
future commercial building sites.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
Staff finds that the development will not require the expenditure of capital improvement funds.
All required utilities were provided with the development of the property at the developer's
expense.
D. There is public financial capability of supporting services for the proposed development;
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Staff finds that the development will not require major expenditures for providing supporting
services as services are already being provided to the immediate area.
E. The development will not be detrimental to the public health, safety or general welfare;
and
Staff finds the proposed short plat to create a new residential building lot will not be
detrimental to the public health, safety or general welfare, if all conditions of approval are
met.
F. The development preserves significant natural,scenic or historic features.
Staff is not aware of any significant natural, scenic or historic features associated with short
platting this site.
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