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Avendale PP-11-001CITY OF MERIDIAN E IDIAl'~~-~- FINDINGS OF FACT, CONCLUSIONS OF LAW .~- AND IDAHO DECISION & ORDER In the Matter of Request for Preliminary Plat Consisting of Six (6) Building Lots and Six (6) Common/Other Lots on 24.61 Acres of Land for Avendale Subdivision, Located North of W. Franklin Road and West of N. Ten Mile Road, by Silver Oaks Apartments, LLC. Case No(s). PP-11-001 For the City Council Hearing Date of: July 19, 2011 (Findings on July 26, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 2011, 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-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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [file #) -1- 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 July 19, 2011, 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 preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of July 19, 2011, 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 fmal plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the fmal plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, maybe considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [file #] -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 19, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [file #] -3- By action of the City Council at its regular meeting held on the 2011. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIIZD MAYOR TAMMY de WEERD (TIE BREAKER) 2~ ~ of , VOTED__ ~ V VOTED ~' VOTED_ ~~ VOTED_ ~ V VOTED ~,,~~~~~M~ ~~~~' y de Weerd ~, Attest: Y~~; ~ ~~, °`; ~, ~ •~~ ., '~ w ~r~,r M .~ J~ .•~'A.dA .w. Ja ee Hol 1 erk ~ ~~• ~ -t ¢ ~~ 1 Copy served upon Applicant, The"~,lrag~~~art~~~~it, Public Works Department and City Attorney. !~ J i,r~t `M1~ ~ ~ ~ By: Dated: ~~ ~ - orb 11 City~~lr s ie CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [fife #j -4- By action of the City Council at its regular meeting held on the 2011. Attest: Mayor Tammy de Weerd Jaycee Holman, City Clerk day of , VOTED VOTED VOTED VOTED VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [file #] -4- EXHIBIT A STAFF REPORT HEARING DATE: July 19, 2011 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 ~E IDIZ IAN~- ~J SUBJECT: PP-11-001 -Avendale I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Silver Oaks Apartments, LLC, has applied for a preliminary plat (PP) consisting of six (6) multi-family building lots and six (6) common/other lots on 24.61 acres of land. See Section 10, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff is recommending approval of the application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard this item on June 16, 2011. At the public hearing. the Commission moved to recommend approval of the subiect PP request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: Becky McKay, Applicant's Representative (response in agreement w/the staff report) v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None ~, City Council Public Hearing: L In favor: Becky McKay ih In opnosition: None Iii. Commenting: None _~ Written testimony: None y~ Staff nresentin}~ annlication: Sonya Watters ii. Other staff commentin.P on application: None ~_ Key Issues of Discussion by Council: is None ~_ Kgy Council Chan~cc to Staff/C'ommiscion Recommendation L None Avendale PP-11-001 Page 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-11-001 as stated in the staff report for the hearing date of July 19, 2011, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-11-001, as presented during the hearing date on July 19, 2011, with the following modifications: (Add any proposed modifications.) Continuance I move to continue File Number PP-11-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located north of W. Franklin Road, approximately % mile west of N. Ten Mile Road, in the southeast % of Section 10, Township 3 North, Range 1 West. B. Owner(s): Ten Mile Development, LLC 1409 N. Main Street Meridian, ID 83642 C. Applicant: Silver Oaks Apartments, LLC 1409 N. Main Street Meridian, ID 83642 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. 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: May 30, 2011, and June 13, 2011 (Commission); June 27, and July 11, 2011 (City Council) C. Radius notices mailed to properties within 300 feet on: May 20, 2011 (Commission); June 23, 2011 (City Council) D. Applicant posted notice on site by: June 6, 2011 (Commission); July 9, 2011 (City Council) Avendale PP-11-001 Page 2 EXHIBIT A VL LAND USE A. Existing Land Use(s) and Zoning: This site is currently vacant; the property is zoned R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site lies within a developing area of the City and with the opening of the Ten Mile interchange, additional development is anticipated in this area in the future. North: UPRR, zoned R-15 and vacant land, zoned R-8 South: Vacant land, zoned L-O East: Church and vacant land, zoned C-N & C-G respectively West: Rural residential/agricultural property, zoned RUT in Ada County C. History of Previous Actions: A In 2005, the subject 28.6 acre property was granted Annexation and Zoning (AZ-OS-016) approval by City Council with R-15 & L-O zoning districts. A Development Agreement was approved with the annexation (Instrument No. 106002636). Concurrently, a preliminary plat (PP-OS-023) consisting of 1 large multi-family residential building lot and 1 commercial office building lot was approved. - On March 21, 2006, a final plat (FP-06-011) was approved by City Council consisting of 1 multi-family residential building lot, 1 commerciaUoffice building lot, and 1 common lot on 28.65 acres. This plat has been recorded. - On February 15, 2011, Council approved a conditional use permit (CUP-10-014) fora multi- family development consisting of 369 dwelling units on 24.61 acres of land in an R-15 zoning district. An amendment to the development agreement (MDA-10-011) was also approved based on the new development plan (Inst. #111028916). D. Utilities: Public Works: a. Location of sewer: Extensions of mains have been installed from W. Franklin Road by the developer. These on site mains have not been inspected or approved by Meridian Public Works. The Developer will need to re-test all existing sewer mains at the developer's expense. b. Location of water: Extensions of mains have been installed from W. Franklin Road by the developer. These onsite mains have not been inspected or approved by Meridian Public Works. The Developer will need to re-test all existing water mains at the developer's expense. c. Issues or concerns: Any existing service or easement not utilized within this development shall be removed or abandoned. E. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the west boundary of this site. In accord with UDC 11-3A-6A, the City Council waived the requirement for the applicant to the the Kennedy Lateral with the final platfor Umbria Subdivision (FP-06-011). 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This property does not lie within a flood plain or floodway. Avendale PP-11-001 Page 3 EXHIBIT A VII. COMPREHENSIVE PLAN The subject property is located in the area subject to the Ten Mile Interchange Specific Area Plan (TMISAP). The Future Land Use Map (FLUM) contained in the TMISAP designates the property as Medium High Density Residential (MHDR). Per the TMISAP (page 3-6), MH-DR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums, and apartment buildings and complexes. MHDR areas should include a mix of housing types with densities ranging from 8-15 units per acre. The applicant proposes to develop the site primarily with apartments and some duplexes. Five different residential building types are proposed for a variety of housing possibilities consisting of (5) two-story structures with 12 units; (5) three-story structures with 18 units; (4) two-story structures with 16 units; (6) three-story structures with 24 units; (5) two-story duplex structures with garages. A clubhouse is proposed with a manager's unit on the second floor. A fitness center is also proposed. A gross density of 14.99 dwelling units per acre is proposed consistent with the MHDR land use designation for this property. 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): Phase in residential developments in accordance with their connection to the municipal sewer and water system. Water and sewer mains for the proposed development have already been extended by the developer to the subject property from W. Franklin Road. • Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. The landscape plan submitted with this application for the proposed residential development complies with the applicable UDC standards for landscaping and fencing. Future signage on the site shall comply with the standards listed in UDC 11-3D-8. Additionally, all future development shall be required to comply with the design standards listed in UDC 11-3A-19 and the design guidelines contained in the City of Meridian Design Manual. • Require new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Fencing is proposed on the landscape plan along the north and west property boundaries. Temporary construction fencing will be required along the east and south boundaries where permanent fencing is not proposed to prevent debris from blowing onto adjacent properties. • Protect existing residential properties from incompatible land use development on adjacent parcels. Staff is of the opinion the proposed multi family development will be compatible with adjacent rural residential properties. Further, the proposed development should be compatible with the existing church to the east and future multi family residential uses planned to the west. • Support a variety of residential categories (low-, medium-, medium-high and high- density single-family, multi-family, townhouses, duplexes, apartments, condominiums, Avendale PP-i 1-001 Page 4 EXHIBIT A etc.) for the purpose of providing the City with a range of affordable housing opportunities. Staff is of the opinion the proposed multi family development, consisting of approximately 1 S dwelling units per acre, will contribute to the range of housing opportunities available within the City. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the permitted, accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family development is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi-family developments apply to development of this property. A CUP (CUP-10-014) for a multi family development was recently approved for this project. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district apply to development of this site. D. Landscaping Standards: Landscaping is required to be provided on the site in accord with UDC 11-3B-7C, Landscape Buffers along Streets. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4- 3-27C; 11-4-3-27D; and as approved with CUP-10-014. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat: The proposed preliminary plat consists of six (6) multi-family building lots and six (6) common other lots on 24.61 acres of land. The property is zoned R-15. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards of the R-15 zoning district and found the plat to be in compliance with those standards. Future buildings on the site shall be consistent with the setback requirements for the R-15 district listed in UDC 11-2A-7. Landscaping: A 20-foot wide landscape street buffer is required along the north side of W. Perugia Street, a future collector street, in accord with the standards listed in UDC 11-3B-7C. Landscaping is depicted on the landscape plan in accord with those standards. Note: The landscape plan depicts N. Umbria Hills Avenue extending to the north past W. Perugia Street; the plan should be revised to depict Umbria Hills terminating at W. Perugia Street as shown on the proposed plat. The calculations table should also be revised accordingly. Fencing: Six-foot tall chain link fencing is depicted on the landscape plan along the west boundary of the site adjacent to the Kennedy Lateral in accord with UDC 11-3A-6B.3. Chain link fencing is also proposed along the north boundary of the site adjacent to the railroad right-of--way. Avendale PP-11-001 Page 5 EXHIBIT A In areas where permanent fencing is not proposed (e.g. along the east and south property boundaries), temporary construction fencing will be required to prevent debris from blowing onto adjacent properties. Cross-Access: A private ingress-egress easement exists along the east boundary of the subject property between the subject property and the church property to the east. Multi-use Pathways: There are no multi-use pathways shown on the Meridian Pathways Master Plan for this site. Private Streets: Private streets are required for access to the multi-family units proposed within the development. As a condition of approval of CUP-10-014, the applicant is required to submit an application for approval of the private streets prior to or concurrent with the CZC for the first phase of the development. Ten Mile Specific Area Plan (TMISAP): The TMISAP requires a collector street to be provided on this property from Franklin Road to the property to the west. Because of previous approvals and construction of infrastructure on this site, it is not feasible to require the collector street to extend across the property to the north and west in the configuration shown on the plan. Therefore, Perugia Street is planned to extend to the west as a collector in the location shown on the proposed plat. ACRD is holding a road trust from the applicant for half the cost of construction of a bridge over the Kennedy Lateral where Perugia Street stubs at the west boundary of the site. Traffic Impact Study (TIS): A TIS was submitted with the original application for Umbria Subdivision/Silver Oaks Apartments in 2005. The ACRD staff report for this application states they did not require a new study with this application due to the fact there are no significant changes to the site, there has been limited development adjacent to the site, and the internal streets are partially completed and pending completion/approval. Off-Site Improvements: With this subdivision application, ACHD is requiring the applicant to construct a center turn lane on Franklin Road at the intersection of Umbria Hills and Franklin. A westbound right turn lane at the intersection of Umbria Hills and Franklin is also required. See Exhibit B for more information on ACHD's requirements. Future Road Improvements: Franklin Road is scheduled in the Five Year Work Plan (FYWP) & Capital Improvements Plan (CIP) to be widened to 5-lanes from Black Cat Road to Ten Mile Road between 2019 and 2027; currently the project is unfunded. The Black Cat/Franklin intersection is scheduled in the FYWP & CIl' to be widened to 4-lanes on the north leg, 3-lanes on the south, and 5-lanes on the east and west legs, and reconstructed/signalized between 2014 and 2018. Because the proposed plat is consistent with the dimensional standards of the R-1 S district, and the landscaping and fencing generally complies with UDC standards, staff recommends approval of the proposed preliminary plat with the conditions of approval included in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Proposed Preliminary Plat (dated: 5/5/11) 3. Proposed Landscape Plan (dated: 11/30/10) B. Conditions of Approval Avendale PP-11-001 Page 6 EXHIBIT A C. Findings of Fact and Conclusions of Law Avendale PP-11-001 Page 7 EXHIBIT A EXHIBIT A -DRAWINGS 1. Vicinity/Zoning Map & Aerial Map Avendale PP-11-001 Page 8 EXHIBIT A 1. Proposed Preliminary Plat (dated: 5/5/11) _~~~ R 15 u a .. - . ---- ~'+'t '~ ' ~"~ ~ ~.. ! .. ~ --"_ ;~~ i ~.~„ ~'~ .~ ~r._~ ,.o; ~ --t- ~ f ri t I ~"~, ~ ~ ~ Ib - _ gar ,~~ , ~ t' ..` -- t ,, --~- ~s~3 i ~ ~ ~ ~ 1 ,~ ~c~ ,z ~' . 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OI~T L10.011l1[ TI.AN, PLANT ~OI~YL; t.A1pOAN ND1R AND Dlgif. ~~ ~~lf LM 1011 T11110AL ~I1N L.A1pOAN PLANIfq ONTAIa ~~ ~ ~ ~\ ~,r; /~ LANDSCAPE PLAN Lt1 " rrb r 01ilCt. ~ r100~ Avendale PP-11-001 Page 3 SITE MASTER PLAN ~~ ....,~. Ll~ TOR TY110AL .A. mow. r1wN11Ne. ALt r MR11 LNiu Mre wowAr~ n.+w f~lwflq ~ wlnr~ulcarncr OfK,n.R ~,/~ smr - sous, s. UY~OJLLL 1 .. an.fw w w. a...,. EXHIBIT A ~~-°-~ c~/ w~~~.4y r..' ~~I t;. •.. - ~ :a i ~~ •0... ~I ~x .~Mr~tio.on.,.rwr,.wrr , ~a.ora.s r.~.owe norm. nrsa ones. ~ a~rr ~u row ~rr~ew mE ~r'o rawrwo onwu j ,' KINtl9lIfLR.L'1 I Mr~ Of'M-S ~ ~~ K ~~~ liix ~4 VY, nR LL r1OIR ~Y <ilif.. YN :,.:~M..:•: ,a ~ .;..~ ; ~ •4~;; ~~:ni 161 I I- I .I 1 1 1 ~ _ _~-.. LANaSGAPE PLAN At1St70. ~ ~.RO~ ~ ~~ ~ t~ axwam i mw! ss~ass w,wrtrl~ w+w TYrgIIL M~N ~w~Mlt~i ILLND n LANDSCAPE PLAN /- .W.~ ,~•-ter, a wr ..e row s~ rwa ruwr O!~ ~~~ I t SILVER OAK8 ~.rc' ~ts~ (AY~DALi Nl~1MYMglq ,. .~ ~..........~.,,,...e,.<... f.~-_~ Avendale PP-11-001 Page 4 ~ wlwtiuar wsaw tm~oM ruw EXHIBIT A '~/ /~ N 1 1 2 _a 4 a w-b.o~.. -irn~. wro o.rwa.a ....ter ~u row trwa~ nr~ uro~care rwrtrw oar~as ~-•-- -----W. pERUGIA 5T. k.~..,~,~' ~~ ~~$ /~ LANDSCAPE PLAN '"""""`"` uveaue f~~ ~ -~-` mrsa. _aassa Avendale PP-11-001 Page 2 EXHIBIT A EXHIBIT B -AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-OS-016; PP-OS-023; FP-06-O1 l; CUP-10-014; MDA-10- 011; Development Agreement Instrument No. 106002636 & addendum 111028916. 1.1.2 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.3 Per Council's approval (FP-06-011), the applicant shall not be required to the the following irrigation facility: Kennedy Lateral. The applicant shall the all other irrigation facilities as set forth in UDC 11-3A-6A. 1.1.4 Revise the landscape plan to depict N. Umbria Hills Avenue terminating at W. Perugia Street per the proposed plat. 1.1.5 The applicant shall provide a minimum of 5.62 acres of qualified open space and amenities as shown on site and landscape plans approved with CUP-10-014 in accord with UDC 11-3G-3. 1.1.6 Unless adequate lighting is proposed on the site to illuminate the internal pathways, 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. 1.1.7 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.1.8 Prior to issuance of Certificate of Occupancy, the applicant shall obtain final approval of the private streets required within the development in accord with UDC 11-3F-3B. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B- SJ. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-SI, 11-3B-8C, and Chapter 3 Article C. Avendale PP-11-001 Page 3 EXHIBIT A 1.2.8 Construct the required landscape buffers along streets consistent with the standards as set forth in UDC 11-3B-7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11 C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11- 6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11- 3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3 G-3 F 1. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.3 The applicant shall have an ongoing obligation to maintain all pathways. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Franklin Road. The applicant shall install mains to and through this subdivision; 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 Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The City of Meridian requires that pressurized imgation 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 obtaining certificates of occupancy. Avendale PP-11-001 Page 4 EXHIBIT A 2.4 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. 2.5 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. 2.6 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.7 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.8 The 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 is at least 1-foot above. 2.9 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. 2.10 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer'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. 3. POLICE DEPARTMENT 3.1 The police department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The applicant shall comply with the condition of approval for CUP-10-014. 5. SANITARY SERVICE COMPANY 5.1 SSC has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a center turn on Franklin Road (at the intersection of Umbria Hills Avenue and Franklin Road) that provides a minimum of 100-feet of storage with tapers for both the approach and departure directions abutting the site. Coordinate the design of the center turn lane with District Traffic Services and Development Review staff. Avendale PP-11-001 Page 5 EXHIBIT A 7.1.2 Construct a westbound right turn lane at the intersection of Umbria Hills Avenue and Franklin Road. Coordinate the design of the right-turn lane with District Traffic Services and Development Review staff. 7.1.3 Construct Perugia Street as one half of a 40-foot street section with curb, gutter and 5-foot wide attached concrete sidewalk plus 12-feet of additional pavement widening beyond the centerline established for the street to provide an adequate roadway surface, with the pavement crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a drainage Swale sized to accommodate the roadway storm runoff shall be constructed on the south side of the roadway or utilize the existing storm drain system. Coordinate the drainage design with District Development Review staff. 7.1.4 Construct Umbria Hills Avenue as one half of a 40-foot street section with curb, gutter and 5-foot wide attached concrete sidewalk plus 12-feet of additional pavement widening beyond the centerline established for the street to provide an adequate roadway surface, with the pavement crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a drainage Swale sized to accommodate the roadway storm runoff shall be constructed on the south side of the roadway or utilize the existing storm drain system. Coordinate the drainage design with District Development Review staff. 7.1.5 Utilize the existing 25-foot wide driveway onto Perugia Street located on the north side of the turnaround (at the terminus of Perugia Street) abutting the site. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of the roadway. 7.1.6 Utilize the existing 27-foot wide driveway onto Umbria Hills Avenue located on the north side of the turnaround (at the terminus of Umbria Hills Avenue) abutting the site. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of the roadway. 7.1.7 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 ACHD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right- of-way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 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 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 ACRD right-of--way. The applicant shall Avendale PP-11-001 Page 6 EXHIBIT A contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Avendale PP-11-001 Page 7 EXHIBIT A EXHIBIT C -FINDINGS OF FACT AND CONCLUSIONS OF LAW 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 City Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 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 City 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 City 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; The City Council finds there is public financial capability of supporting services for the proposed development. E. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. F. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the City 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. Avendale PP-11-001 Page 8