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Monica Subdivision PFP-10-001sc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN,±-- ~~ In the Matter of the Request for Combined Preliminary/Final Plat Approval for the Monica Subdivision Consisting of Three Industrial Lots on Approximately 3.62 Acres in a I-L Zone by B2 Investments, LLC. Case No(s). PFP-10-001 For the City Council Hearing Date of: Apri127, 2010 (Findings on the May 11, 2010 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri127, 2010 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 27, 2010 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 27, 2010 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri127, 2010 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 (LC. §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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-10-001 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat, Final Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of Apri127, 2010 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 22, 2009 is hereby conditionally approved; 2. The applicant's Final Plat as evidenced by having submitted the Final Plat dated December 21, 2009 is hereby conditionally approved; and, 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Apri127, 2010 incorporated by reference. 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 one (1) year of the combined preliminary and final plat or short plat. 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 eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. 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 record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-10-001 -2- 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. E. Notice of Final Action and Right to Regulatory Takings Analysis I . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit 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, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 27, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-10-001 -3- By action of the City Council at its regular meeting held on the ~ day of 2010. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED__ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED .~-~- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~. ~' ~ Mayor ~~ 1 d Attest: '`\`~,~uun~iir~~~~~ ,~'~~\\\\y ~F MERj~~~y ~~'~% ~ TF 0 aycee lman, City Clerk = - - SEAL 9 ~~M `` Copy served upon Applicant, ~.h~ ~ ~, Public Works Department and City .~ ~ ~. q \. Attorney. ~''~,, COUNTY ,,,~,,•~• By: Dated: 5- I l- a c~ ~ n Cit Cl s ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-10-001 -4- STAFF REPORT Hearing Date: To: FROM: SUBJECT: April 27, 2010 Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 PFP-10-001 -Monica Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN^-- 1,a The Applicant, B2 Investments, LLC, has applied for Preliminary and Final Plat approval for 3 buildable lots on approximately 3.62 acres in an I-L zoning district. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed development with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard this item on March 4, 2010. At the public hearing the Commission moved to recommend approval of the subject PFP request. a. Summary of Commission Public Hearin: i. In favor: Pat Menager ii. In opposition: None iii. Commenting: None iv. Written testimonv: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None a. L in ravor: rat ivienager 1i. In opposition: None 11L Commenting: None lY. Written testimonv: None ~ Staff presenting annlication: Bill Parsons yi. Other staff commenting on annlication: None 12. Key Issues of Discussion by Council: is LYQne ~. Key Council Changes to Staff/Commission Recommendation i< None Monica Subdivision -PFP-10-001 PAGE 1 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-10-001, as presented during the hearing on April 27, 2010, with the following modifications to the conditions of approval: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number PFP-10-001, as presented during the hearing on April 27, 2010, for the following reasons: (state specific reasons for denial of the preliminary/final plat request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number PFP-10-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located west side of Linder Road, approximately'/4 mile north of Franklin Road; SW '/4 of Section 11, T.3N., R.1 W. b. Owner/Applicant: B2 Investments, LLC 327 N. Linder Road Meridian, Idaho 83642 c. Representative: Gary Lee, LD Management, Inc., (860-8981) d. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject application is for a combined preliminary/final plat; a public hearing is on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: February 15, and March 1, 2010 (Commission); April 5 and 19, 2010 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: February 1 1, 2010 (Commission); Aari12, 2010 (Gifu Council) d. Applicant posted notice on site by: February 17, 2010 (Commission); March 15, 2010 (Gifu Council 6. LAND USE a. Existing Land Use(s): The subject is currently developed with an industrial building (A-1 Heating and Air Conditioning). The remainder is vacant developable land. b. Character of Surrounding Area and Adjacent Land Uses: A mix of commercial and industrial uses on the west side of Linder Road and rural residences on the east side of Linder Road. 1. North: Self-Storage Facility, zoned I-L 2. East: Rural Residences, zoned R1 in Ada County Monica Subdivision -PFP-10-001 PAGE 2 3. South: Industrial Buildings, zoned I-L 4. West: Marcon Industries, zoned I-L c. History of Previous Actions: An application for a combined preliminary and final plat for this site was approved by the Meridian City Council on July 26, 2005 and has since expired. • In 2005, a Certificate of Zoning Compliance was issued for the office and warehouse (A-1 Heating and Air Conditioning) use currently operating on the site. d. Utilities: 1. Public Works a. Location of sewer: Sewer mains were installed with the 2006 A-1 Heating and Air Conditioning project. b.Location of water: Water mains were installed with the 2006 A-1 Heating and Air Conditioning project. c. Issues or concerns: No Concerns e. Physical Features: Canals/Ditches Irrigation: No major facilities exist on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. Flood Plain: NA 4. Topography: NA f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the subject site will be from an existing access point adjacent to Linder Road. Cross access will be granted across all lots within the Monica Subdivision graphically depicted on the submitted plats. 7. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated as "Mixed Employment" on the Ten Mile Interchange Specific Area Plan Future Land Use Map. Per the Specific Area Plan (page 3-11), "The purpose of the Mixed Employment areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments, primarily serving employees and users of the Mixed Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not the rule. Buildings in this category are anticipated to range in height from 1-4 stories, have total floor areas of 10,000-1,000,000 square feet, and floor to area ratios (FAR) will exceed 0.75." Future development will be required to be consistent with the stated purpose, intent, and standards of the Mixed Employment land use category within the Ten Mile Specific Area Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the development of this property (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject development in the following manner: Monica Subdivision - PFP-10-001 PAGE 3 - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - E Fairview Avenue and N. Stonehenge Way are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company • Chapter V, Goal III, Objective D, Action 5 -Require all commercial businesses to install and maintain landscaping. The existing 25 foot landscape buffer adjacent to Linder Road is in compliance with the UDC. Internal landscaping will be reviewed once development is proposed for the two additional lots. • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal N) Staff believes that the proposed use as a small scale industrial park should be compatible and not conflict with existing industrial uses in the area. Further, the rural residences east of this site are planned for a mix of uses and will more than likely redevelop in the future. • Chapter IV, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. City water and sewer are currently provided on this site. 8. ZONING ORDINANCE a. Purpose Statement of Zoning District: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. b. Allowed Uses: Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I-L zoning district. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. c. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2C-3 for the I-L zoning district. d. Landscaping: (See section 9 below for further discussion) • Width of street buffer(s): UDC 11-2C-3 requires a 25 foot wide landscape buffer adjacent to Linder road, an arterial street. • Internal landscaping will be reviewed at the time development is proposed for the vacant lots. Monica Subdivision -PFP-10-001 PAGE 4 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIMINARY/FINAL PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that the subdivision is appropriate on this site. This site is eligible for a combined preliminary/final plat application based on the proposed subdivision not exceeding four lots, the development of the site does not require any new streets to be dedicated or widened, nor is the development being granted any special development considerations (UDC 11-6B-4A). Further, the proposed plats are identical to what was proposed and approved in 2005. Staff is providing analysis on the subject application as follows: 1. Access: Access to the subject site will be from one existing access point adjacent to Linder Road. A cross access easement is depicted on the submitted plat that grants access across to all lots within the proposed Monica Subdivision. 2. Lots: The application proposes 3 buildable lots on 3.62 acres within the I-L zoning district. All lots within the Monica Subdivision shall be in compliance with UDC 11-2C. Lot 1 has an existing office/warehouse building (aka. A-1 Heating and Air Conditioning). 3. Landscaping: The applicant submitted a landscape plan with this application. The purpose of the plan is only to illustrate the street buffer required for the proposed subdivision. The UDC requires a 25-foot wide landscape buffer adjacent to Linder Road. The existing 25-foot landscape buffer complies with this requirement of the UDC. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. An underground, pressurized irrigation system should be installed to all properties per the approved specifications and in accordance with UDC 11-3A-15. The applicant has stated the site is currently using domestic water for irrigation due to the lack of irrigatable water available to the site. Therefore, staff is recommending the applicant submit a letter for the Nampa Meridian Irrigation District verifying the water deficiency. The use of domestic water for irrigation will be subject to City Engineers approval prior to signature on the final plat. 5. Certificate of Zoning Compliance (CZC) and Design review (DES): A CZC and design review approval from the Planning Department is required for all new construction prior to issuance of building permits. 6. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Staff is not aware of facilities that transverse the site. 7. Tree Mitigation: The applicant is not proposing to remove any existing trees on this site. Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Fencing: Permanent fencing is not required for industrial subdivisions. If permanent fencing is not provided, temporary construction fencing to contain debris should be installed around the perimeter prior to issuance of a building permit for this site. The only fencing on the site was erected with the construction of A-1 Heating and Air Conditioning site for the storage yard. Additional fencing is not proposed with this application; however if future storage yards are proposed for the two other lots they will be subject to the outdoor storage standards listed in UDC 11-3A-14. Monica Subdivision -PFP-10-001 PAGE 5 9. Elevations: The applicant has submitted photos of the existing building located on Lot 1, Block 1. Staff has not attached the elevations to staff report however the building is constructed of a mixture of materials consisting of split face block wainscot, metal siding, stucco and combination of architectural shingles and metal roofing. As mentioned earlier, future buildings are subject to design criteria contained in Ten Mile Interchange Specific Area Plan and the Meridian Design Manual and UDC 11- 3A-19. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat 3. Final Plat 4. Landscape Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District C. Required Findings from Unified Development Code Monica Subdivision - PFP-10-001 PAGE 6 A. Drawings 1. Vicinity Map Exhibit A - I - 2. Preliminary Plat csso-.ri-raosJ } +r~- vs~ ~,,, '1~~~3'~: I a . o C o 1 .. ~ ~ ~~ ~ uoistn~{~gnc~ o~~u4W ~ ~d ~ avu~uaE~ead ~ ~~ - o ~ ~ ~ e ¢°~ ~ ~ # ~ ~ ~ ~ ~ ~ ~ ~ +a ~ ~ e~ g ~ ~ ~ ~~~e ~~ ~~~ ~ r ~~~ ~ ~ ~ ~ j~ ~ ~ ~ ~ ~~~~ lp~~ ~ ~ ~~ fit. ~ ~~ ~~ ~'• aai ~ 1 1 + ( ~iw E~ Cs~3 ~~~ _ 1 _ ~9d _ b~ ~ \y a ~ ~ ~. _ D ~ E: s e ~ -~-~: ~. ~' e TIT : iT I I ITI ~~, /~ , ~ ~ ' ~~ ~ Exhibit A - 2 - 3. Final Plat ~ a z F 1~ ~ ~ ~3 ~$ ~ _ ~ ~ ~ r ~ ~ ~t ~~~ ~~~~~ ~~g ~"~ ~~~4 ~6i~ ~~ ~ ~ ~ 4~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~g~ ~~; ~~~~ ~~~ ~~ Ada ~~ 0 0 • to • i ~ ; ~QW h4\v I:;: ~ ~ -':~1 E -~i ~ i::7 a~~ QQG ~~~ ~~~~~pW ~~~~r ~~~~s ~~~~ ~~ RO {I 9999 Ili. ~I f.~.'11.... I //jj lriA ~Q k- ~ ~r~d p}~~0 €t~8 1 C 6 J ~iai~ 1~1J` G~.a} G _:~ ~i~d ~~ ~~ YY~e~~~ ~$~~ ~~~ag ~!~g~ g~~ as ~~ = o a w_ ., d ~ # ~ s~---ua~w~ _ •Q ,~ °g 'ts ~s 'a ~~$~$ ~ ~~~ •~ ~~ c $ ~~ e ~~~ ~~,~ `~ ~~~~ u.~v.. ~emsn araemmr,nuror I ~ Ie i _ _ asye~ as moos r sen~ " ~~ I >e gQ t I ti . *~ ~.1. .: t• I -.~,, ~ it xi t. ~I :' ~+~ ~$ m v OO~ ~~ ~~ ~~ ~_ a ~ a € ~ °x ~ ~ ~ ~~ ~~ ~ ~~ ~ o ~ ,~ Z~ n B ~~ €~ Q 8 s e r ~ e ~. !~ R a3 R 5 I ~y I `y r t.. N ~ 1 d ~~~ ~ S t j Ed {: ~ ~~ ~,~ I S ~;~~~ ~~.t~ re,-- -- -- c~ Exhibit A - 3 - ®unav - - - aa..-,,.,v 4. Landscape Plan ~'s"~'Y's N~ P'~G rss~ sia m aims ~ seas ua an~aret n atw aasw amts s P~PNSD `BY-!/k d0000'01 i! A~1/1 ~BNNY'Id-.~,~~,LIH~2~Y I -_-- ...._. i_.__ li 1 i ~ 3 i i I_.,--- .__ _ _i i ~~_ __ ..-- - i ~! I a I I ,- __ _ ~ ---- -~ RpPI'"!P+'H yC. nee. ~~+w+r, tM 3~i ! OAIINOI114N07 ~', E f 4 ~ j 7 ~ ~' ` ~ n ~ i I ~ L r ~ ~ .» aqv puv ~JNIiV3H {•d C= .+o~ '~il~"II~I! m31a tr ~~~'~~ ~' °~~ ~ ...~ 7 <.~~++ ' ~paMA .~06A~~.` ..~ C~Ol1 tl7Wl1 ~N _ ~ -~ F ~b, C 1 i y _-er v^ FOR ~_.s-. ~~~.. _~. ___._`I - - ~ ~' ~; ~ S ~3 i ~¢~ ~ i .4 a Q a~~ ~ i ..~.~ _ ~ i _R___~ C~ ~~ I r ~ ~i I Ot I .., F .- J°'- ~ ~~ : a '°°9~~ ~ ;3 ~~ ,. I~, I .~ ~ ~ a 0 a~ ~ ~~ t '• ~J t ,~ /P i B. Conditions of Approval On February 11, 2010, a joint agency and departments meeting was held with service providers in this area. The agencies and departments submitted comments have been included below. 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet No. 1, prepared by Skinner Land Survey Company, Inc., dated December 22, 2009, is approved with the conditions listed herein. 1.1.2 Monica Subdivision shall be subject to the UDC standards of the I-L (Light Industrial) zoning district. 1.2 SITE SPECIFIC REQUIREMENTS-FINAL PLAT 1.2.1 The final plat labeled as Sheet Nos. 1-2, prepared by Skinner Land Survey Company, Inc., STAMPED December 21, 2009, by Greg L. Skinner PLS, is approved with the conditions listed herein. 1.2.2 The landscape plan prepared by Larry Knopp, dated September 2005, labeled Sheet L1.0 is approved with no changes. 1.2.3 Per UDC 11-3A-6 all irrigation ditches, laterals or canals that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. This subdivision lies within the Nampa & Meridian Irrigation District. The applicant has stated the site is currently using domestic water for irrigation due to the lack of irrigatable water available to the site. The applicant shall submit a letter from the Nampa Meridian Irrigation District verifying the water deficiency. The use of domestic water for irrigation will be subject to City Engineers approval prior to signature on the final plat. 1.2.5 All development improvements including water, sewer, fencing, landscaping and irrigation systems shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.6 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 1.2.7 Prior to submittal for signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 1.2.8 Across-access easement shall be recorded for all lots within the subdivision. All lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. Exhibit B 1.2.9 Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 1.2.10 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.2.11 All future buildings within the Monica Subdivision shall be subject design criteria contained in Ten Mile Interchange Specific Area Plan and the Design Review standards that are in effect at the time of application submittal. 1.3 GENERAL REQUIREMENTS-PRELIMINARY /FINAL PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 1.3.4 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.5 Where permanent fencing is not proposed on-site, temporary fencing shall be installed around the subdivision boundary perimeter to contain construction debris prior to issuance of a building permit. All permanent fencing shall taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.8 All development shall comply with the Americans with Disabilities Act. 1.3.9 The combined Preliminary/Final plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3.10 The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 2. PUBLIC WORKS DEPARTMENT 2.1 Sewer mains were installed with the 2006 A-1 Heating and Air Condition project. 2.2 Water mains were installed with the 2006 A-1 Heating and Air Condition project. 2.3 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, asingle-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 signature on the final plat by the City Engineer. 2.4 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Exhibit B - 2 - 2.5 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.6 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 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. 3. FIRE DEPARTMENT 3.1 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street on which the project is addressed, as set forth in International Fire Code Section 505. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.5 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no comments related to the application. 6. SANITARY SERVICES DEPARTMENT 6.1 SSC has no comments related to the application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct a 5-foot sidewalk on Linder Road abutting the site. The sidewalk should. be located a minimum of 41 feet from the centerline of Linder Road. Exhibit B - 3 - 7.1.2 Construct a 25-foot wide driveway that intersects Linder Road approximately 37 feet north of the south property line to directly align with the driveway that is located on the east side of Linder Road. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7.1.3 Other than access that has been specifically approved with this application, direct lot access to Linder Road is prohibited. 7.1.4 Comply with all standard conditions of approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or Exhibit B - 4 - other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - 5 - C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is compatible with the adopted Comprehensive Plan. The Council supports the proposed plat layout as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Utilities were installed to the subject properties at the time of development of Al Heating and Air Conditioning site. Therefore, the Council finds that a majority of the public services are already available, or can be made available, to accommodate the proposed development. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; All utilities are currently available to the subject property. Because any additional services will be installed by the developer at their own cost, if needed, 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; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health or safety issues associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. Exhibit C - 1-