Freedomworks Subdivision - PFP-10-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
In the Matter of the Request for Combined Preliminary/Final Plat Approval for the
Freedomworks Subdivision Consisting of Three (3) Commercial Lots on Approximately
11.91Acres in a C -G Zone by Wally Morgas.
Case No(s). PFP-10-002
For the City Council Hearing Date of: June 22, 2010 (Findings on the July 6, 2010 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2010
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 22, 2010
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 22,
2010 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 22, 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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-10-002
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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 June 22, 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 § 11-5A 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 April 14, 2010 is hereby conditionally approved;
2. The applicant's Final Plat as evidenced by having submitted the Final Plat labeled as
Sheet Nos. 1-3, prepared by Timberline Surveying, 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 June 22, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-10-002
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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.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 June 22, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-10-002
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By a tion of the City Council at its regular meeting held on the (49 day of
2010.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City Clerk
Copy served upon Applicant
A ttnrnev
Lo
VOTED
VOTED
VOTED�o�
VOTED
VOTED
MaX T y de Weerd
a
The t, Public Works Department and City
'" ,►►►n nig,
Dated:_ --j -10
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-10-002
-4-
STAFF REPORT
Hearing Date: June 22, 2010
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: PFP-10-002 — Freedomworks Subdivision
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Wally Morgas, has applied for Preliminary and Final Plat approval for 3 buildable lots on
approximately 11.91 acres in a C -G 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 May 6, 2010. At the public hearing the Commission moved to
recommend approval of the subiect PFP request.
a. Summary of Commission Public Hearing:
i. In favor: Laren Bailey
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Pete Friedman
A. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
C. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Since the Planning and Zoning Commission hearing, the applicant has received ACHD
approval for a right-in/right-out access point to Stoddard Road (Exhibit B). Neither
Staff nor Commission made a recommendation on the proposed access point since it was
not proposed with the submitted plats. Accordingly, Council may waive this standard
and allow access to Stoddard Road if deemed appropriate.
Freedomworks Subdivision — PFP-10-002 PAGE 1
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3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-10-002,
as presented during the hearing on June 22, 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-10-002, as
presented during the hearing on June 22, 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-10-002
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 on the southwest corner of Overland Road and Stoddard Road
NW '/ of Section 24, T.3N., R.1 W.
b. Applicant:
Wally Morgas
943 W. Overland Road
Meridian, Idaho 83642
c. Owner:
William C. Hovey and Gray Hawk Capital, LLC
PO Box 840 and 675 Sun Valley Road
Ketchum, Idaho 83340
d. Representative:
Laren Bailey, LEI Engineers and Surveyors, (846-9600)
e. Applicant's Request: Please see applicant's narrative for this information.
:-MW:,1119)0"12�I:TS11M
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: April 19, and May 3, 2010 (Commission); May 31, and June
14, 2010 (City Council)
Radius notices mailed to properties within 300 feet on: April 15, 2010 (Commission); May 24, 2010
(City Council)
Freedomworks Subdivision — PFP-10-002 PAGE 2
d. Applicant posted notice on site by: April 26, 2010 (Commission); June 7, 2010 (City Council)
6. LAND USE
a. Existing Land Use(s): The subject site is currently developed with a self-service facility and multi -
tenant office/retail building. A 2.36 acre portion remains undeveloped.
b. Character of Surrounding Area and Adjacent Land Uses: A mix of commercial, industrial and
residential uses are developed in the surrounding area. The following uses surrounding the site
include:
1. North: Western Electronics, zoned I -L
2. East: Vacant commercial pad sites; Bear Creek Subdivision, zoned C -G and R-4
3. South: Idaho Power Substation, zoned RUT (Ada County)
4. West: Rural Residential / Agricultural, zoned RUT and R1 (Ada County)
c. History of Previous Actions:
In 2003, the City reviewed an annexation application (AZ -03-002) and a CUP application (CUP -03-
001) for a contractor's yard and a mini -storage facility for the subject property. Those applications
were denied by the City Council
In 2004, the property, was granted Annexation and Zoning (AZ -04-013), and Conditional Use Permit
(CUP -04-017) approval for a Planned Development on 13.5 acres which allowed 9 mini -storage
buildings containing 122,550 square feet of storage space (including 28 boat / RV storage spaces), a
3,200 square -foot office / retail building, a 1,600 square -foot caretaker's apartment, and an indoor
storage building totaling 28,130 square feet. Also approved with the aforementioned CUP, was a
future plan to construct 27,265 square feet of office / retail space at the northeast corner of the
property. Said 2.5 -acre portion has not yet obtained detailed construction approval. The entire site is
subject to a recorded development agreement recorded as instrument #104134972.
In 2007, the existing Conditional Use Permit/PD was modified (MCU -07-004) to allow for a single -
story, 15,620 square -foot office / retail building. In addition, an existing 3,000 square feet of existing
storage building located behind the proposed office / retail building was converted into shipping /
receiving space.
d. Utilities:
1. Public Works
a. Location of sewer: Sewer mains were installed from W Overland Road and S Stoddard Road.
b.Location of water: Water mains were installed from W Overland Road and S Stoddard Road.
c. Issues or concerns: No Concerns
e. Physical Features:
Canals/Ditches Irrigation: Hardin Drain transverses the southern boundary and was granted a
waiver from the tiling requirements with the annexation of the property.
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 site
is provided directly from W. Overland Road via an existing shared driveway with the storage facility.
Freedomworks Subdivision — PFP-10-002 PAGE 3
Cross access will be granted across all lots within the Freedomworks Subdivision graphically depicted
on the submitted plats. A secondary access point was constructed on Stoddard Road, located in the
southeast corner, which provides emergency access for the Fire Department to the self-service storage
facility. An approved concept plan (CUP -04-017) depicts an additional right-in/right-out access point
to Overland Road and a right-in/right-out access point onto Stoddard Road. The right-in/right-out
access points are not referenced on the submitted plats. Therefore the only access point approved is the
shared drive to Overland Road. No new access points are proposed or approved with this application.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use —
Neighborhood." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains
five sub -categories. Generally, the mixed-use designation will provide for a combination of compatible
land uses that are typically developed under a master or conceptual site plan. The purpose of this
designation is to identify key areas which are either infill in nature or situated in highly visible or
transitioning areas of the city where innovative and flexible design opportunities are encouraged. The
intent of this designation is to offer the developer a greater degree of design and use flexibility. The
following standards apply to the MU -N category: 1) Up to ten (10) acres may be non-residential uses, and
2) Up to 100,000 square feet of non-residential building area is allowed.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (Staff analysis in italics):
Permit new... commercial development only where urban services can be reasonably provided at the
time of final approval and development is contiguous to the City (Chapter IV, Goal I, Objective A,
Action Item 6)
Sanitary sewer and water are currently available to this site. Additionally, all other urban services are
also provided to serve this development.
• Plan for a variety of commercial and retail opportunities within the Impact Area (Goal I, Objective B,
Chapter VII, Page 109)
Staff believes the existing and future uses should contribute to the variety of commercial uses within the
impact area an the surrounding incorporated area. A previously approved concept plan allows a mix
of retail/ofce for the remaining 2.36 acres that is currently vacant (Lot 3).
• 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 Overland Road and the existing 25 foot wide
landscape buffer adjacent to Stoddard Road comply with the UDC landscaping standards. Internal
landscaping will be reviewed once development is proposed for lot 3.
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV)
Staff believes that the existing uses (multi -tenant office and retail building and self-service storage
facility) and future uses as a small scale office/retail development should be compatible with existing
residential, commercial and industrial uses in the area.
8. ZONING ORDINANCE
The subject site is located in a C -G zone District. The following provisions apply to the application.
a. Purpose Statement of Zoning District: The purpose of the C -G district is to provide for the retail and
service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are
designated which differ in the size and scale of commercial structures accommodated in the district,
Freedomworks Subdivision — PFP-10-002 PAGE 4
the scale and mix of allowed commercial uses, and the location of the district in proximity to streets
and highways.
b. Allowed Uses: Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C -G zoning district. The site is approved through a planned development that
allows a mix of office and retail uses. Future development of these lots shall conform to the permitted,
accessory and conditional uses of the zoning district as outlined in the UDC. Specifically the DA
requires all future uses proposed for lot 3 will require CUP approval.
c. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in
UDC 11-2B-3 for the C -G zoning district.
d. Landscaping:
• Width of street buffer(s): UDC 11-2C-3 requires a25 foot wide landscape buffer adjacent to
Linder Road, an arterial street and a 20 -foot wide landscape buffer adjacent to Stoddard Road.
• Internal landscaping will be reviewed at the time development is proposed for the vacant lot.
9. ANALYSIS
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 since the
proposed subdivision does not exceed 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 11-6134A). Staff is providing analysis on the subject application as follows:
Access: Access to the subject site is proposed from one existing access point from Overland Road. A
cross access easement is depicted on the submitted plats that grant access across to all lots within the
proposed Freedomworks Subdivision. A secondary access point was constructed on Stoddard Road,
located in the southeast corner, which provides emergency access for the Fire Department to the self-
service storage facility. The plans as submitted comply with the access to street standards outlined in
UDC 11-3A-3.
However, a previous approved concept plan (CUP -04-017) depicts a right-in/right-out driveway
(approximately 230 feet west of the intersection) to Overland Road and a right-in/right-out driveway
(approximately 230 feet south of the intersection) to Stoddard Road. Currently these access points are
not depicted on the plats and were approved prior to the UDC. Currently, the standards outlined in
UDC 11-3A-3, limit access points to collector or arterial roadways via cross access agreements as the
applicant has proposed. If the right-in/right-out access points are proposed, the applicant can seek a
Council waiver for additional access points.
2. Lots: The application proposes 3 buildable lots on 11.91 acres within the C -G zoning district. All lots
within the Freedomworks Subdivision shall be in compliance with UDC 11-213. Lot 1 is developed
with an existing 15,620 square foot multi -tenant office /retail building and Lot 2 is developed with a
self-service storage facility. A concept plan was approved (CUP -04-017) for said lot and included
27,265 square feet of office/retail for the site. Per the recorded development agreement Lot 3 is not to
develop without detailed CUP approval.
3. Landscaping: The applicant submitted a two landscape plans with this application. The purpose of
the plan is only to illustrate the street buffers required for the proposed subdivision. The UDC requires
a 25 -foot wide landscape buffer adjacent to Overland Road and a 20 -foot wide landscape buffer
adjacent to Stoddard Road. Currently the buffers exist along the aforementioned roadways and meet
Freedomworks Subdivision — PFP-10-002 PAGE 5
the current landscape standards outlined in UDC 11-313-7. However, the submitted landscape plans
were approved with other previous applications and are quite dated (Exhibit A.4). Staff is
recommending the applicant provide a more current landscape plan depicting the street buffers only.
The new landscape plan shall be submitted to the Planning Department with any application for
a CZC on Lot 3.
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, a single -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 informed staff that the property received a waiver for the installation of a
pressurized irrigation system. The existing landscaping on the site is currently using domestic water
for irrigation purposes. The applicant should provide documentation that a waiver was granted by the
City. If not, the applicant shall submit a letter for the Nampa Meridian Irrigation District verifying the
water deficiency. The use of domestic water for irrigation will be subject to the City Engineer's
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. The Hardin Drain transverses the southern boundary and was granted a waiver from the tiling
requirements with the annexation of the property.
7. Tree Mitigation: The applicant is not proposing to remove any existing trees on this site.
8. Fencing: Permanent fencing is not required for commercial 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.
9. Elevations: The applicant has not submitted any elevations with the subject plat application. Future
development proposed for this site is subject to the design criteria contained in the Meridian Design
Manual and UDC 11-3A-19.
10. Pathway: Meridian Pathways Master Plan: The City's Master Pathways Plan has identified this site
as having the potential to extend the pathway network along Overland Road. With the Overland Road
improvements in 2007, a 5 -foot wide detached sidewalk and a separate bike lane was constructed. The
Meridian Master Pathways Plan was adopted after the completion of the road improvements. Staff has
discussed the requirements for the on street segment of the pathway with the Parks Director. He
believes the 5 -foot detached and separate bike lane meets in intent of the Master Pathways Plan and
provides multiple means of transportation along the Overland Road Corridor.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat
3. Final Plat
4. Landscape Plans
B. Conditions of Approval
Freedomworks Subdivision — PFP-10-002 PAGE 6
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
Freedomworks Subdivision — PFP-10-002 PAGE 7
A. Drawings
1. Vicinity Map
Exhibit A - 1 -
2. Preliminary Plat
FREEDOMWORKS SUBDIVISION
PRELIMINARY PLAT
A PORTION Of SECTION 24, TOWNSHIP 8 NORTH,
RANGE 1 EAST, B.M. MERIDIAN, AGA COUNTY, IDAHO
Exhibit A - 2 -
3. Final Plat
Exhibit A -3 -
ffN, At PLAT sHoWNG
FREEDOMWORKS SUBDIVISION
A PtlfiTWI TIF THE IIMHEA67 1 L OF THE MO DW93T 1/4,
OF SECTION 24, TC/IMHP ] "Y£ 1 ■sm-
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Exhibit A -3 -
B. Conditions of Approval
On April 15, 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 LEI Engineers and Surveyors, dated
April 14, 2010, is approved with the conditions listed herein.
1.1.2 Freedomworks Subdivision shall be subject to the UDC standards of the C -G (General
Commercial) zoning district.
1.1.3 Applicant is to meet all terms of the approved development agreement (instrument #104134972),
or as may be modified by the City, annexation (AZ -04-013), and conditional use permit (CUP -
04 -017) applications for this subdivision.
1.2 SITE SPECIFIC REQUIREMENTS—FINAL PLAT
1.2.1 The final plat labeled as Sheet Nos. 1-3, prepared by Timberline Surveying, is approved with the
following changes:
• Provide a stamped set of plans prior to City Engineer's Signature on the plat.
• Add instrument number to note #10 on the face of the plat.
1.2.2 The streetscape buffers are currently constructed along Overland Road and Stoddard Road in
accordance with UDC 11-313-7. The applicant shall provide a more current landscape plan
depicting the street buffers only. The new landscape plan shall be submitted to the Planning
Department with any application for a CZC on Lot 3.
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 exclusive of the Hardin Drain.
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, a single -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 existing landscaping on the site is currently using domestic
water for irrigation purposes. The applicant should provide documentation that a waiver was
granted by the City. If not, the applicant shall submit a letter for the Nampa Meridian Irrigation
District verifying the water deficiency. The use of domestic water for irrigation shall 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 A cross -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
Exhibit B - 1 -
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.
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 Freedomworks Subdivision shall be subject to the Design
Review standards that are in effect at the time of application submittal.
1.2.12 Access to the Freedomworks Subdivision shall be in accord with UDC 11-3A-3. For further
clarification. the Council granted approval of the right-in/right-out access point to Stoddard Road.
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 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.3.7 All development shall comply with the Americans with Disabilities Act.
1.3.8 The combined Preliminary/Final plat approval shall be subject to the expiration provisions set
forth in UDC 11-6B-7.
1.3.9 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 from W Overland Road and S Stoddard Road.
2.2 Water mains were installed from W Overland Road and S Stoddard Road.
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, 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
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.
2.8 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.
3. FIRE DEPARTMENT
3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
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 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.4 Commercial and office occupancies will require a fire -flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.6 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
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 ( )
SITE SPECIFIC CONDITIONS OF APPROVAL:
7.1 Overland Road and Stoddard Road are fully improved with vertical curb, gutter and attached
concrete sidewalk abutting the site. Therefore the applicant will not be required to dedicate any
additional right-of-way or to make any additional roadway improvements as part of this
application.
Exhibit B - 3 -
7.2 The applicant's proposal to construct an additional ri hg t-in/right-out only driveway onto Stoddard
Road meets District policy and should be approved as proposed. The driveway onto Stoddard
Road should be restricted to right-in/riaht-out with a six inch raised median at the time the
driveway is constructed The applicant should coordinate the desiwi and location of the six inch
raised median District Development Review staff.
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 Hi6way District Policy
Manual ISPWC Standards and approved supplements Construction Services procedures and all
4pplicable 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 anxrequired 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 b the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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 gpplicant 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
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
Exhibit B - 4 -
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 israg nted pursuant to the law in effect
at the time the chane in use is sought.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito -breeding problem.
8.4 Central District Health will require plans be submitted for a plan review for any: food
establishments, grocery store, day care facility and beverage establishment.
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;
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, ACHD, 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
The Council is not aware of any health or safety issues associated with the development of this
subdivision that should be brought to the Council attention. ACHD 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.
C 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 -