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FindingsCITY OF MERIDIAN ~~E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION & ORDER In the Matter of Preliminary Plat consisting of 72 Residential Lots and 7 Common Lots on 38.31 Acres of Land in the R-2 Zoning District for Kingsbridge Subdivision, by Boise Hunter Homes. Case No(s). PP-10-007 For the City Council Hearing Date of: December 28, 2010 (Findings on January 11, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 28, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 28, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 28, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 28, 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. 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). PP-10-007 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 Conditions of Approval all in the attached Staff Report for the hearing date of December 28, 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 request for a preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 28, 2010, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, maybe 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 obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council maybe 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-10-007 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 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 maybe 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 maybe 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 December 28, 2010 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-10-007 B action of the City Council at its regular meeting held on the day of w , 2011. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~~ VOTED~e- VOTED~~,~+ VOTED~~ VOTED ~~ Mayor y de Weerd ...., Attest: .~ ,'./, "'1 7," Jayc 1 ' n, le k ' .~z~ ,~ ~` ~~~. 7 Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. n ~~ t BY~ ~~~.C ~~.~ " '~Z~ ~ ~k' Dated: City Clerk's Office --~,~`/~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-10-007 Exhibit A STAFF REPORT Hearing Date: TO: FROM: December 28, 2010 Mayor and City Council E IDIAN~-- LDAHO SUBJECT: Bill Parsons, Associate City Planner (208) 884-5533 PP-10-007-Kingsbridge 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Boise Hunter Homes, has applied for preliminary plat approval of 72 single-family residential building lots and 7 common lots on 38.31 acres in an R-2 zone. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed preliminary plat subject to 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 November 18, 2010. At the public hearing the Commission moved to recommend approval of the subiect PP request. a. Summary of Commission Public Hearing: i. In favor: Bob Becker ii. In opposition: David and Kathy Johnson, Audre Wilde, Falcon Schoenfedt, David Collins, Edvin and Almira Milikovic, John Caldwell, Georgia Funkl iii. Commenting: Pat Ellis (opposition), Rick Stott, Jason Densmer, Pam Collins (opposition), Audre Wilde (opposition), Bradford Dedman, Matt Schoenfeldt (opposition), Mark Boer (opposition), Bret Funkl (opposition), Keith Schultz, Lisa Paternoster iv. Written testimony: Scott Noriyuki (response to staff report) v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Anna Canning, Bill Nary b. Key Issue(s) of Discussion by Commission: i. The common open space and amenities planned for the subdivision. ii. The design of the new plat versus the previous design of the old plat. iii. Parking for the neighborhood park. iv. Traffic exiting through Dartmoor Subdivision. v. Requirements of the Settlement Agreement and CCR's. vi. Off-site improvements and if they could be required with the subiect plat application. vii. Citizen involvement in the new plat design. viii. Secondary access to the site. ix. Dimensional standards of the R-3 zoning district. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None. The applicant has provided a brief summary to inform Council on the collaborative efforts between the applicant and the residents of Kingsbridge Phase 1. Kingsbridge Subdivision PP - 1 - Exhibit A ~_ ummarv of Citv Council Public Hearing: 1. In favor: Craig Hamlet. John Caldwell. Georgia and Bret Funkl 11. In orz osition: None 111 Commenting: Scott Noriwki. Andre Wilde lye Written testimony: Scott Norivu i y. Staff nresenting annlication: Bill Parsons y1. Other staff commenting on aunlication: None 1Z. ev Issues of Discussion by Council: - L None ~, ev Council Chan~es_to Staff/Commission Recommendation i. ouncil granted waiver to leave the Ten Mile Feeder Canal onen. 11. ouncil struck the requirement for the 10-foot nathwav within the develonmen (condition of annroval 1.1.4 bullet #41. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-10-007 as presented in staff report for the hearing date of December 28, 2010 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-10-007 as presented during the hearing on December 28, 2010 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number PP-10-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of S. Eagle Road midway between E. Victory Road and E. Amity Road in the northwest '/ of Section 28, Township 3 North, Range 1 East. B. Owner: Kingsbridge Properties, LLC 661 S. Rivershore Lane, Suite 120 Eagle, Idaho 83616 C. Applicant: Boise Hunter Homes 1025 S. Bridgeway Place Eagle, ID 83616 D. Applicant's Representative: Scott Noriyuki, Northside Management, LLC, (208) 230-1202 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. Kingsbridge Subdivision PP - 2 - Exhibit A 5. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 1 and 15, 2010 (Commission); December 6, and 20, 2010 (City Council) C. Radius notices mailed to properties within 300 feet on: October 29, 2010 (Commission); December 2, 2010 (City Council) D. Applicant posted notice on site by: November 8, 2010 (Commission); December 17, 2010 (City Council 6. LAND USE A. Existing Land Use(s): The subject property is vacant, zoned R-2. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is surrounded on the north, east and south by larger county residential properties zoned RUT. The property to the west includes lots platted with the first phase of the Kingsbridge Subdivision, zoned R-2. C. History of Previous Actions: • In 2004, the first applications (AZ-04-023, PP-04-030 and CUP-04-032) for the Kingsbridge project were denied by City Council. The basis for the denial, among others, was due to the lack of transitional lots between the project and the large county parcels surrounding the property. The applicant redesigned the plat and resubmitted to the City for approval. In 2005, the property received annexation (AZ-OS-003), preliminary plat (PP-OS-004) and Conditional Use Permit (CUP-OS-004) approval for a Planned Development (PD). The PD allowed reduced lot frontages and extended block lengths. The plat consisted of 130 residential lots and 34 common lots. A development agreement (DA), recorded as instrument #105092050, was required at the time annexation approval. As part of the DA approval, a separate settlement agreement with the adjacent property owners was also required and tied to the DA. • The City Council approved the final plat (FP-OS-056) for the first phase on September 20, 2005. Phase 1 platted with 53 residential lots and 20 common lots on 38.4 acres. • Phase 2 of the preliminary Plat (FP-06-006) was approved by City Council on March 14, 2006. That phase of the plat consisted of 50 residential lots and 13 common lots on 23.97 acres. In 2008, an 18-month administrative time extension was granted however, the plat did not receive City Engineer's signature nor was a subsequent time extension processed. Thus, the plat and the CUP have expired. D. Utilities: 1. Public Works: a. Location of water: E Kingsbridge Drive and S Merrivale Way. b. Location of sewer: E Kingsbridge Drive and S Merrivale Way. Issues or concerns: Secondary water connection will need to be established for fire flow requirements. Proposed water design will only support homes up to 3600 SF. Kingsbridge Subdivision PP - 3 - Exhibit A E. Physical Features: 1. Canals/Ditches Irrigation: The McDonald Lateral is located along a portion of the north and east boundary of the proposed plat. The submitted plans depict this facility to be tiled. The Ten Mile Feeder Canal transverses along the southern boundary and is not proposed for tiling. The applicant should request a waiver from City Council if the intent is to leave the lateral open. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain. F. Summary of Proposed Streets and/or Access: The applicant is proposing to construct numerous public streets and extend several stub streets as part of this project (see section 9 for further analysis). 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed preliminary plat includes 72 single-family lots on 38.31 acres for a gross density of 1.88 dwelling units/acre. The proposed density is consistent with the current land use designation. Further, the subject plat is surrounded by large County parcels ranging from 3 acres in size to 5 acres in size. Larger lots are proposed on the perimeter to provide a transition between this project and the adjacent county parcels. The Comprehensive plan encourages transitions between properties to promote compatibility between adjacent land uses. Thus, Staff is of the opinion the proposed plat provides adequate transition between the proposed lots and the existing county parcels. Since the adjacent properties are developed with single family residential, the proposed density is consistent with zone and the surrounding properties are developed as low density and designated low density residential, staff finds the proposed plat complies with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Currently the City is in negotiations to establish this area as part of the Area of City Impact. The City of Meridian plans to provide municipal services to the lands in the following manner: • Sanitary sewer service will be extended to the project at the developer's expense. • Water service will be extended to the project at the developer's expense. • The lands are under the jurisdiction of the Meridian City Fire Department, This service will not change. • The lands are serviced by the Meridian Police Department (MPD). This service will not change.. • The roadways adjacent to the subject lands 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 #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Kingsbridge Subdivision PP - 4 - Exhibit A Municipal, fee-supported, services are 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 VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The previous plat contemplated a curvilinear street pattern. The new plat is based on a grid system to provide both pedestrian and vehicular connectivity. While the plat design is in a more traditional form than the previous plat design, stafffinds the proposed street layout and stub streets provide adequate connectivity. See analysis section for further details. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing a mix of 5 foot attached and 5 foot detached sidewalks throughout the development to provide pedestrian connections. In addition, the applicant is proposing a S foot walking path along the northern boundary of the plat as an amenity. There is also an opportunity for the applicant to extend the S foot wide walking path along the eastern boundary. Staff believes expanding this amenity along the east side would enhance pedestrian connectivity. The Master Pathways Plan also prescribes a 10 foot wide multi-use pathway along the southern boundary located within the 60 foot wide Ten Mile Feeder Canal easement. With Phase 1, the pathway has been constructed along the south side of the canal. There is a possibility that the pathway may not be able to be constructed within this easement due to maintenance requirements for the ditch. The Parks Department is currently making contact with the Boise Project Board of Control to verb if the pathway would be allowed. Staff believes a pathway connection should be provided within the proposed development to facilitate pedestrian connectivity with the walking paths planned for this project and the pathways constructed with Phase 1(See analysis section below for further details). • Chapter VII, Goal V, Objective B, Action 1 -Require common area for all subdivisions. The submitted plan indicates the amount of open space provided is 5.32 acres (13.88%) which exceeds the ten percent required by the UDC. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. As mentioned earlier, the first applications in 2004 were denied due to the incompatibility with the adjacent county properties. In 2005, the site was redesigned to address the inconsistency with the surrounding county parcels by providing larger lots sizes along the perimeter of the subdivision. As with the previous plat, the applicant has provided transitional lots along the perimeter boundary. The previous plat had lots in excess of 21, 000 square feet along the perimeter. The perimeter lots proposed with the new plat range in size from 16, 000 square feet to 44, 000 square feet respectively. While the proposed lots are slightly smaller than those proposed with the previous plat, the perimeter lots are still larger than the internal lots. Thus, staff finds the proposed plat is compatible with existing and planned residential properties in the area. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists single-family detached homes as permitted uses in the R-2 zoning district. Kingsbridge Subdivision PP - 5 - Exhibit A b. Purpose Statement of Zone: R-2: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements of the R-2 zone established in the UDC. No dimensional modifications are being requested for the proposed development. d. Landscaping: 1. Width of street buffer(s): Per UDC 11-2A-6, a 20-foot wide street buffer is required adjacent to a portion of E. Kingsbridge Drive, a collector street. The street buffers shall be constructed in accord with the standards listed in UDC 11-3B-7C. 2. Percentage of site as open space: The plan indicates the amount of open space provided is 5.32 acres (13.88%). 3. The parkways proposed along the collector and local streets shall be constructed in accord with UDC 11-3A-17 and UDC 11-3B-7C. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: PP Application: The applicant is requesting preliminary plat approval of 72 residential lots and 7common lots for a total of 79 lots on 38.31 acres of land; to be developed in two (2) development phases. Currently, the subject property is zoned R-2. The maximum density in the R-2 zone is two (2) dwelling units to the acre. The calculated density for the subject property is 1.88 dwelling units to the acre which complies with the zoning of the property. As mentioned above, the previous approvals have expired and the applicant is proposing a new plat. The subject plat is similar in number of lots and density however; the new plat has a substantially different road layout. The plat has changed from the previous design due to several factors: 1) the property was originally zoned R-3 under the old ordinance (pre-UDC). The property received an R-2 zoning designation when the UDC went into effect and; 2) the previous plat and conditional use permit has expired. Those approvals allowed reduced lot frontages and extended block lengths. Since those approvals have expired and are no longer valid, the lots approved under the PD would not conform to the current R-2 dimensional standards outlined in the UDC. The major reason for the redesign was to facilitate compliance with the development standards and R-2 dimensional standards outlined in the UDC. In addition, the recorded DA requires a minimum of a 25-foot rear setback on all perimeter lots. While the new plat lacks the character of the previous design (curvilinear streets and parkways), it does comply with the R-2 dimensional standards. Average lot sizes for the new plat are 15,995 square feet and the minimum required by the UDC is 12,000 square feet. Lots range is size from 12,000 square feet to 44,000 square feet. Staff is supportive of the proposed lot sizes and finds the plat complies with the subdivision standards in accord with UDC 11-6C-3 as well. It is important to note that staff s recommendation for approval of this layout is predicated on ACHD's acceptance of designating the portion E. Kingsbridge Drive that extends from S. Newbridge Avenue to the east boundary as a local street. An a-mail from ACHD has confirmed Kingsbridge Subdivision PP - 6 - Exhibit A that a portion of E. Kingsbridge will be designated as a local street however; no official comments have been received from ACHD. Development Agreement Modification: As mentioned earlier, the subject property is subject to a recorded development agreement and a separate settlement agreement based on the design of the previous project and commitments from the previous developer. Since this a new plat, there is potential for a new owner, and the DA references R-3 zoning which no longer exists, staff believes the recorded DA should be amended to incorporate new provisions based on the design of the proposed project and the current zoning provisions. The revised DA would include items such as subdivision amenities, building elevations and incorporating the new project boundaries. Building Elevations: The applicant is proposing five (5) elevations that represent the style and designs planned for the proposed plat (see Exhibit A.4). It is important to note that some of the home sites are restricted to single story homes per the previous plat. Of the five submitted elevations, only one (1) is a single story model. The previous plat depicts a total of six (6) lots marked for single story homes; four (4) lots along the northern boundary and two (2) lots along the southern boundary. Staff is of the opinion that the applicant should honor the previous wishes of the adjoining homeowners and develop single story homes on specific perimeter lots. Therefore, staff is recommending the applicant construct only single story homes on Lots 58-61 (north) and lots 6, 7 and 14 (south). In addition, the settlement agreement for the subdivision also dictates minimum floor areas for the future home; 2,000 square feet for single story homes and 2,400 square feet for two story homes. While the settlement agreement is attached to the recorded DA as an exhibit, the City has no legal authority to enforce the document as it is not a party to the agreement. DA provision #3 restricts the peaks of single story to 25 feet and a 10:12 pitch with no bonus room. Staff is of the opinion that the appearance of the homes is consistent with the Meridian Design Manual. While staff is supportive of the proposed home elevations, the DA should be amended to incorporate the building elevations. Street Connectivity: Two stub streets are proposed to be extended into the site from Phase 1 of the Kingsbridge Subdivision (E. Darlington Way and E. Kingsbridge Drive). E. Kingsbridge Drive is designated a collector street and was proposed to be extended through the site as a continuous collector street with the previous plat. Under the present design, it will still be extended with this plat however; only a small portion maybe designated as a collector street. In addition, several new local streets are proposed to facilitate internal circulation and two public stub streets are proposed (see Exhibit A.2). The proposed stub streets are in the same locations approved with the previous plat. Staff is generally supportive of the street layout subject to ACHD approving of reclassifying a portion of E. Kingsbridge Drive. Open Space/Amenities: UDC 11-3G-3 requires a minimum of ten percent open space for all developments exceeding five acres. The UDC also requires one additional site amenity for each additional 20 acres of development area. Using this standard, the applicant is required to provide 2 amenities for a development of this size (38.31 acres). The applicant is providing 5.32 acres of common open space with this development which equals approximately 13.88% of the total development area. Amenities provided for the Kingsbridge plat include the following: 1) Sport Court planned for the 1.58 acre park. This area also depicts several pergolas for the area. Kingsbridge Subdivision PP - 7 - Exhibit A 2) Pedestrian circulation system. Staff finds the proposed plat complies with the open space and amenity requirements outlined in the UDC. Common Drives: The proposed plat depicts common drives for Lots 32-35. As mentioned earlier, the applicant has informed staff that ACHD was supportive of reclassifying a portion of E. Kingsbridge Drive to a local street; however this has not been confirmed by ACHD. It is the portion that extends from S. Newbridge Avenue and stubs at the eastern boundary. If this portion is designated a local street, then staff sees no reason in providing the common drives and encourages the applicant remove this from the plat as access will be facilitated by a local street. If ACRD is not supportive of the reclassification, then the applicant shall seek a Council waiver to have future homes access a collector street. Landscaping: Staff has reviewed the landscape plan for conformance with the UDC and offers the following analysis. For specific conditions of approval refer to the Planning Department conditions of approval in Exhibit B. • Street Buffer: Per the UDC, a 20-foot wide street buffer is required adjacent to the proposed collector street, N. Kingsbridge Drive. The applicant is proposing a 32-foot wide buffer along the portion of E, Kingsbridge that terminates at the west side of S. Newbridge Drive. Said buffers should be constructed as proposed, in accord with UDC 11-3B-7C. Parkways are planned along north and south side E. Kingsbridge Drive. Parkways must comply with the standards outlined in UDC 11-3A-17E. A license agreement will be required by ACHD for any landscaping within the right-of--way. • Multiuse Pathways: The Master Pathways Plan prescribes a 10-foot wide multi-use pathway along the south side of the proposed plat. This area of the plat is encumbered by a 60-foot wide Ten Mile Feeder Canal easement. If this area is included as a common lot, it should be landscaped in accordance with the UDC 11-3G-3E. The applicant should coordinate with the Boise Project Board of Control to discuss any landscape improvements proposed for the easement. The submitted plat depicts this area as a common lot however; the 10-foot pathway is not depicted nor is any landscaping proposed on the submitted landscape plans. A portion of this pathway was constructed on the south side of the canal with Phase 1 and terminates on the south side of the canal. It appears this segment of the pathway was constructed outside of the 60-foot easement. The subject easement is controlled by the Boise Project Board of Control. It is staff's understanding that a pathway is not favored in this easement due to maintenance of the canal. The Planning Department has informed the Parks Department of this situation and the Parks Department has agreed to make contact with the irrigation district to gain an understanding of what they would allow in the easement. Staff believes a 10-foot pathway should be constructed with this project. The location of the pathway is predicated on the approval from the Parks Director and the discussions with the Boise Project Board of Control. As mentioned earlier, the pathway located in Phase 1 is constructed on the south side. If the pathway was to remain in its current location, the pathway stubs to nowhere and the extension of said pathway would happen as the 5 acre county parcels develop. If the new segment of the pathway is constructed on the north side, this would create approximately 369 feet of uninstalled pathway along the north side of the plat. If the pathway is allowed to be constructed on the north side within the easement, Staff recommends the applicant construct Kingsbridge Subdivision PP - 8 - Exhibit A this unfinished segment of the pathway to facilitate the street connection to the west (E. Kingsbridge Drive). In addition, several micropaths should be extended from S. Newbridge Court and S. Stockenham Court to facilitate a pedestrian connection to the planned pathway. The pathway and micropath lots should be designed in accord with UDC-11-3A-8 and UDC 11-3B-12. If the pathway is not allowed within the easement, Staff recommends the applicant work with the Parks Department to facilitate an appropriate on street route of the pathway within the proposed subdivision. • Micro-Pathways/Common Areas: The submitted landscape plan depicts a large common lot (Lot 63) that includes a 5-wide walking path along the north boundary of the plat. This is an extension of the common lot (Lot 1, Block 1) platted with phase 1. However, those improvements have not been constructed on the site. The applicant should install the improvements for Lot 1, Block 11 as a condition of plat approval. In addition, there is a large common lot (Lot 28) planned for the majority of the eastern boundary with no pathway. Staff is of the opinion that said common lot could enhance the pedestrian amenities planned with the proposed plat. Staff recommends the applicant provide a minimum of a 5-foot wide pathway; landscaped in accordance with UDC 11-3B-12. If trees are not allowed to be planted within the easement, the common lots should be widened 5-feet to allow for the planting of the required trees. • Fencing: The submitted landscape plan depicts a 4-foot tall wrought. iron fence along the perimeter of the proposed subdivision, except along east side of Lots 23-26, and interior edge of the proposed common lots. Staff finds the proposed fencing complies with fencing requirements in the UDC. All fencing proposed for the plat must comply with the fencing standards in accord with UDC 11-3A-7. Ditches, Laterals, and Canals: UDC 11-3A-6 requires 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 be covered. The McDonald Lateral transverses a portion of the north and east property boundary. The submitted plan indicates this lateral is to be tiled per the UDC. However, the Ten Mile Feeder Canal transverses the south property boundary. It appears this ditch is to remain open. The applicant has not requested a council waiver to for the canal to remain open. The applicant should request a council waiver if the canal is to remain open. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat 3. Landscape Plan 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department Kingsbridge Subdivision PP - 9 - Exhibit A C. Required Findings from Unified Development Code A. Drawings 1. Vicinity Map Kingsbridge Subdivision PP - 10 - Exhibit A 2. Preliminary Plat _...~ T _. 1 _ ^r' I~_ °',`„' ..~ ve. ~~ - P~efairy PYOY .--~- ~-~--~ .~ -~ ~-- .. --gj-- ~~- -T-i - ,: ---1-- .~ j 14rgslxdge Subdivision j Ra®?[3 1 ~ - ~r. ~ _Yy~. LN. .ew~m~x u~~~~~ y~ 5 ~ i i ...~:.,. ~ ~~ r~ ~»., ~ ~. .~, ~ ,ku ~ ,... ~ .~ ~ ~._, ~ a A .._, ,~ ~ raw [b. ,,,,., Y i ~ ~~ ~ ....:~...,...a-r -., .~ ~- - ~~ e• i .,;~ L~ lac ~ 1 ~ .,-, 3_ ~ -~-~-- =~~s .. ' E ,~:, , ~ry ~_v ~,. s ~ ~ .~, .,. p ~. R .p.~~ a +..rirt~ vu ~ nowm ~«ea. m . ~ , , .. 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" .~ti . •i _ ,...... ... .,.~~ ~. ~ tY f .,L: ~~ ~aeaaw~nan:oavsr~~a i =s+.aam-~• - ~~, ~ ~~ ~ .... arse=~ ~ }}~~rvasnulave. ,~~~~ t:~~ DetidWUe Tres PIwnN~p-Detdl , ~~ CanHeroue Tree Poergln7 Dsls1 \3~ Per DeteY .. ,r 4~ Faroe DNN -- ......... ,~ ._ " L101 ~_J ~"~ ( .~. _. ~ .,~.. ~ ,, f _., ~ ~ ~ ~. ~ .~ ~ m ~ .,.. . . ~ ~~~~= -, _ . ~ ~. ~ ~µ~. m \ I ~y w .._-_ jN - a ~. ~ ~ - -- ~~~,~ "~~ ~,~ ~.. j ,~, j ~. j ... j .., ~;.:,,:~ ~ ~ ~~ _I _ .~, .~, \ _. 4 ~ ),a if ~ _ __~__ ~ - • ~r u .r • ~{ vna .p ...v 4 __ r.. _.. .. •. ~~ ~. i .ue ~ ~ ~ wnw w.w-w 1 .m• 1 ,Y9 xw v/'w ~ ra, ~ fdir~ m.~s ~.a j rs ~~ u~a w. r r' = ~ '_ i - -- ~~~ Lendecaoe Plan L100 Exhibit A - 3 - Exhibit A 4. Elevations Exhibit A - 4 - Exhibit A Exhibit A - 5 - Exhibit A B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled Sheet P1.00, prepared by The Land Group, dated 09/01/10, is approved, with the conditions listed herein: • All perimeter lots shall have a minimum 25-foot rear setback unless modified through a development agreement modification. Single story homes shall be restricted on Lots 58-61 (north) and lots 6, 7 and 14 (south). • The applicant shall receive Meridian Fire Department approval for an additional emergency access point prior to the issuance of the 51St building permit. 1.1.2 The Applicant shall comply with all previous requirements of this site associated with AZ-OS- 004, as well as the Development Agreement (Instrument No. 105092050 and any modified DA) in effect for the development. 1.1.3 Provide the stub streets and internal street network as proposed on the plat. Street layout is predicated on ACHD's acceptance of designating the portion E. Kingsbridge Drive that extends from S. Newbridge Avenue to the east boundary as a local street. An a-mail from ACHD has confirmed that a portion of E. Kingsbridge will be designated as a local street however; no official comments have been received from ACHD. 1.1.4 The landscape plan prepared by The Land Group, dated 09/01/2010, is approved with the following modifications/notes: • Construct the street buffers along N. Kingsbridge Drive as proposed. The proposed parkways shall be constructed in accord with UDC 11-3A-17 and UDC 11-3B-7C. • Construct the northern common lot (Lot 63) as proposed. This is an extension of the common lot platted with phase 1. However, the improvements on Lot 1, Block 11 have not been constructed on the site. Prior to the release of Certificate of Occupancy for the subdivision, the applicant shall install the improvements for Lot 1, Block 11 and improve lot 63 in accord with UDC 11-3A-8 and UDC 11-3B-12. • Construct the eastern common lot (Lot 28) with a minimum of a 5-foot wide pathway; landscaped in accord with UDC 11-3A-8 and UDC 11-3B-12. If trees are not allowed to be planted within the easement, the common lot shall be widened to 5-feet to allow for the planting of the required trees. • If the pathway is not located in the easement area, the common lot (Lot 27) shall be landscaped in accord with the UDC 11-3G-3E. Exhibit B - 1 - Exhibit A • Provide 5.32 acres of common open space and provide the following amenities - 1.58 acre park with sport field, pergolas and walking paths as proposed and conditioned herein. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway 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. The applicant shall request a council waiver for the Ten Mile Feeder Canal to remain open. The request shall be submitted in writing prior to the City Council hearing. The Council granted the request to leave the canal open. 1.1.7 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 landscape areas per the approved specifications and in accordance with UDC 11- 3A-15 and MCC 9-1-28. 1.1.8 The current DA references R-3 zoning which no longer exists. The recorded DA shall be amended to incorporate new provisions subject to the requirements and design of the proposed project. This would include items such as subdivision amenities, building elevations and incorporating the new project boundaries. The applicant shall process and record a DA modification prior to the receiving City Engineers signature on a final plat. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACfID, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. Exhibit B - 2 - Exhibit A 1.2.5 Staff s failure to cite specific ordinance provisions or terms of the approved annexation and the recorded development agreement does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.2.7 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.2.8 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.2.9 The applicant shall coordinate all subdivision improvements with the NMID and Boise Project Board of Control. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Kingsbridge St and S Merrivale Way. The applicant shall install mains to and through this subdivision at depths capable to serve fixture sewer master planed properties. The Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road. The applicant shall be responsible to install two water connections due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant may be responsible to install 12 inch internal water mains due to low flow in this area. The applicant will be responsible to install a flush line within this project coordinate size and routing with the Public Works Department. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.5 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. 2.6 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall 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. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic Exhibit B - 3 - Exhibit A purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.10 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 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. 2.13 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. 2.14 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. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 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. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.21 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 ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.23 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 2.23 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Exhibit B - 4 - Exhibit A 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 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire Hydrants shall have the 4 '/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 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. 3.5 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 (lFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.6 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. Coordinate with the Meridian Fire Department for an additional emergency access point prior to the issuance of the 51St building permit. The Fire Department received verbal confu•mation that the applicant is in agreement with this requirement. 3.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.8 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. 3.9 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). Exhibit B - $ - Exhibit A 3.10 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. The Fire Department has concerns that United Water may not be able to provide adequate fire flow to serve the larger homes proposed within the development. 4. Parks Department 4.1 See Planning Department's conditions of approval above. 5. Police Department 5.1 The applicant shall revise the landscape plan to illuminate all pathways with afour-foot tall bollard style or similar lighting source. Such lighting shall be shielded from adjoining residences. 6. Sanitary Service Company 6.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common drive no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. Ada County Highway District 7.1 Site Specific Conditions of Approval to follow later. 7.1.1 Construct Kinesbridee Drive as a residential collector with 36-foot street section, vertical curb gutter and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk from its current terminus to its intersection with Newbridge Avenue, as proposed. Parking and front-on housing are prohibited on this segment of Kin sg bridge Drive. Coordinate a signage pro~am for NO PARKING signs with District Traffic Services and Development Review staff. 7.1.2 Construct all internal local streets as 36-foot street sections with vertical curb, gutter and 5-foot wide concrete sidewalks within 50 feet ofright-of--way, as proposed. 7.1.3 Construct two shared driveways on Kin sg bridge Drive, as Rroposed. The shared drivewa s be between Lots 32 and 33 and Lots 34 and 35. Pave the driveway its full width at least 30-feet in to the site beyond the edge of pavement. 7.1.4 Construct a stub street to the north Stockenham Avenue. located between Lot 31 and Lot 58 approximately 1 300 feet south of Victory Road and 2,425 feet east of Eagle Road (measured centerline to centerline as proposed. Provide a temporary turnaround at the terminus of the roadway and install a sign stating "THIS ROAD WILL BE EXTENDED 1N THE FUTURE." 7.1.5 Construct a stub street to the east Kingsbridge Drive, located between Lot 26 and Lot 29 approximately 2 200 feet south of Victory Road and 2,650 feet east of Eagle Road (measured centerline to centerline) as proposed. Provide a temporary turnaround at the terminus of the roadway and install a sign stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.6 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. Exhibit B - 6 - Exhibit A 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 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 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 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 - 7 - Exhibit A 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 plat is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services 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; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's 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. 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. The Commission and Council should 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 -