Optometrist Subdivision PFP-11-003CITY OF MERIDIAN
I'INDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
C~~/~E IDIAN~--
IDAHO
In the Matter of the Request for Preliminary/Final Plat Approval for Optometrist Subdivision
Consisting of Two (2) Building Lots on 1.06 Acres of Land in a C-C Zoning District, Located at 50
E. Carmel Drive, by McElroy Investments, LLC.
Case No(s). PFP-11-003
For the City Conncil Hearing Date of: January 24, 2012 (Findings on February 7, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 24,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 24, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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). PFP-11-003
-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 January 24, 2012, 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/final plat is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of January 24, 2012,
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 final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (iJDC 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) yeazs. 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 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
fmal decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-11-003
-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 may be 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 January 24, 2012
CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-11-003
-3-
By action of the City Council at its regular meeting held on the
2012.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Weerd
Attest:
~~.'fBD AUGV~
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~ nCiry of
Y~i IDPNO
Jaycee an, City Clerk :^ SEAL
~`Y day of ,
VOTED
V OTED~
VOTED
VOTED
VOTED
<<de10.EA9u-
Copy served upon Applicant, The Planning epartment, Public Works Deparhnent and City Attorney.
By: Dated:o7~ ~ ! ~ a
Cit Jerk' ft~ e
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-11-003
4-
EXHIBIT A
STAFF REPORT
HEARING DATE: January 24, 2012
TO: Mayor & City Council
FROM: Sonya Waters, Associate City Planner
208-884-5533
SUBJECT: PFP-11-003 -Optometrist Subdivision
~~1~1 E IDIAN~--
IDAHO
I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST
The applicant, McEhoy Investments, LLC, has applied for a combined preliminary and final plat (PFP)
consisting of two (2) building lots on 1.06 acres of land in a C-C zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PFP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard this item on December 15, 2011. At the public
hearing, the Commission moved to recommend approval of the subiect PFP reauest.
a. Summary of Commission Public Hearing:
i. In favor: Joe Pachner, KM Engineering (Applicant's Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: Pete Friedman
b. Ke v Issue(s) of Discussion by Commission:
i. None
c. Ke v Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
h i.
e M None
eridian City Council heard this item on Jannarv 24.2012. At the public hearine. the Counci
as the subiect PFP reauest
nmmarv of City Council Public Hearing:
L n favor: Kelly Kehrer. KM Engineering (Applicant's Representative)
11. In onnpsitipn: None
iii. Commenting: None
is, Written testimony: Kelly Kehrer. KM Fngineering (response to staff report - in
agreement)
y, taff presenting application: Sonva Wafters
vi, Other staff commenting on application: None
Iz. ev issues of Discussion by Council:
L None
e. Key Council Changes to Staff/Commission Recommendation
i. bone
PAGEI
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PFP-11-003 as
presented in the staff report for the hearing date of January 24, 2012, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PFP-11-003 as
presented during the hearing on January 24, 2012, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number PFP-11-003 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 at 50 E. Carmel Drive, on the northeast comer of N. Meridian Road & E. Carmel
Drive (Parcel No. S1106336020), in the southwest % of Section 6, Township 3 North, Range 1 East
B. Owner(s):
Kevin McElroy, McElroy Investments, LLC
3022 E. Green Canyon Drive
Meridian, ID 83642
C. Applicant:
Same as owner
D. Representative:
Kelly Kehrer, KM Engineering, LLP
391 W. State Street, Ste. A
Eagle, ID 83616
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a combined preliminary and final 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 28, and December 12, 2011 (Commission); December
26, 2011 and January 9, 2012 (City Councip
C. Radius notices mailed to properties within 300 feet on: November 21, 2011 (Commission); December
22, 2011 (Gifu Councip
D. Applicant posted notice on site by: November 30, 2011 (Commission); January 12, 2012 (City
Council
VI. LAND USE
A. Existing Land Use(s): The southern portion of this site has been approved for office use and is currently
in the development process.
PAGE2
EXHIBIT A
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Residential property, zoned C-C
2. East: Residential properties in La Playa Manor Estates Subdivision, zoned R-8
3. South: Cannel Drive & vacant property, zoned RUT in Ada County
4. West: Vacant rural residential property, zoned RUT in Ada County
C. History of Previous Actions:
• This property was annexed (AZ-06-062) in 2007 and zoned C-C with a development agreement
(Instrument #107067262).
• A modification to the development agreement (MDA-11-003) was approved on June 7, 2011
(Instrument #111058195).
• A Certificate of Zoning Compliance (CZC-11-028) and design review (DES-11-017) was
approved on July 27, 2011 fora 2,700 square foot optometrist office on the southern portion of
the site.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently served.
b. Location of water: Currently served.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches hrigafion: An open canal runs along the east boundary of this site.
2. Hazards: The open canal along the east boundary of the site may represent a hazard to young
children.
3. Flood Plain: A small portion of this site along the east boundary lies within flood zones XS and AE;
the AE portion lies within a flood way.
VH. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan (page 21), the Commercial designation will provide a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-
family residential, as well as appropriate public uses such as government offices. Within this land use
category, specific zones maybe created to focus commercial activities unique to their locations.
The previously approved office use of a portion of this property is consistent with the Commercial land use
designation for this site. Future development of this site shall also be consistent with Commercial land use
designation.
Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the
existing & future use of this property (staff analysis in italics):
• "Require that development projects have planned for the provision of all public services."
YVhen the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian currently provides and will continue to provide numicipal services to the
subjectproperty in the following manner:
PAGE3
EXHIBIT A
- Sanitary sewer and water service is provided to the property.
- The lands are serviced by the Meridian Fire Department (MFD).
- The lands are serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada County
Highway District (ACRD). 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.
Municipal, fee-szrpported, services will be provided by the Meridian Building Department, the Meridian
Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the
Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-access
agreements, access management, and frontage/backage roads."
Access to this site has been approved via E Carmel Drive, a local street; access to Meridian Road, an
arterial street, is prohibited. A provision of the existing development agreement requires cross-access to
be provided to the adjacent property(s) to the north. Internal cross-access between the two proposed lots
shall also be provided.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact "
The previously approved office use of the sozethern portion of this site will contribute to the variety of
commercial opportunities available in this area of the City.
• "Require all commercial and industrial businesses to install and maintain landscaping."
Street bz~er landscaping is required to be installed as a condition ofpreliminary plat approval. Internal
parking lot landscaping and buffers to residentdal uses are required to be installed with development of
the property, prior to isszeance of Certificate of Occupancy.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and
service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts
aze designated which differ in the size and scale of commercial stmctures accommodated in the district,
the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the C-C zoning district. No new uses are proposed with this
application.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning
district apply to this site.
D. Landscaping Standards (UDC Table 11-2B-3):
1. Width of street buffer(s): 25 feet along N. Meridian Road, an arterial street & 10 feet along E. Carmel
Drive, a local street
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: Mitigation is required for all existing trees on the site that are removed, in accord
PAGE 4
EXHIBIT A
with UDC 11-3B-lOC.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
PRELIMIIVARY/FINAL PLAT: The proposed preliminary/fmal plat consists of 2 building lots on 1.06
acres of land in a C-C zoning district. The plat will subdivide one parcel into two parcels. The
southern parcel is currently in the development process and has been approved fora 2,700 square foot
optometrist office. The owner plans to retain the northern lot for future development.
Dimensional Standards ([IDC Table 11-2B-3): In the C-C district, there is no required front, rear, or
side setback; however, a 25-foot wide street landscape buffer is required adjacent to N. Meridian Road
& a 10-foot wide street landscape buffer is required adjacent to E. Carmel Drive which essentially
serves as the setback.
Access: One full access driveway via E. Carmel Drive is proposed for access to/from the site; access
via Meridian Road is prohibited. Access to streets shall comply with the standards listed in UDC 11-
3A-3. Cross-access is required to be provided to the adjoining property to the north (Parcel No.
S1106336012) as a provision of the existing development agreement. Staff also recommends that a
cross-access/ingress-egress easement be provided internally for the proposed lots. These easements
should be provided on the face of the recorded fmal plat or in a separate agreement with the recorded
instrument number referenced on the plat.
Multi-Use Pathway: The Meridian Pathways Master Plan depicts a 10-foot wide multi-use pathway
along N. Meridian Road on this property. Because there is an existing 5-foot wide sidewalk that is
attached to the curb along Meridian Road, staff has agreed to allow the applicant to add 5 feet onto the
existing sidewalk to constitute the required multi-use pathway. The pathway is depicted on the
landscape plan accordingly.
Landscaping: UDC Table 11-2B-3 requires a 25-foot wide landscape buffer to be provided adjacent to
N. Meridian Road & a 10-foot wide landscape buffer to be provided adjacent to E. Carmel Drive in
accord with the standards for landscape buffers along streets listed in UDC 11-3B-7. The required
landscape buffer is shown on the landscape plan. Two trees totaling 22 caliper inches are shown on the
plan to be removed. Mitigation is required in accord with UDC 11-3B-lOC. The landscape plan shall
be revised to include mitigation details and a calculations table that includes information on the final
plat application checklist.
There is a 50-foot wide easement that exists on this property for [he Five Mile Creek that serves as a
spatial buffer (in addition to the parking lots landscaping) to the residential uses in La Playa Manor
Estates Subdivision.
Waterways: The Five Mile Creek runs along the east boundary of this property. Because it is a
natural waterway, it is not required to be piped or otherwise covered and shall remain open as a
natural amenity. A 50-foot wide easement for Nampa Meridian Irrigation District (NMID) is depicted
on the final plat for the waterway which will serve as a spatial buffer to the residential development to
the east. The applicant shall obtain a license agreement with NMID for any improvements constructed
within the easement.
Staff recommends approval of the proposed PFP application with the conditions listed in Exhibit B.
PAGES
EXHIBIT A
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated:ll/11/11)
3. Final Plat (stamped by Kevin N. Sorensen, dated: 11/14/11)
4. Landscape Plan (dated: 9/26/11)
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGE6
EXHIBIT A
Exhibit A.1: Vicinity Map
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PAGE?
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: 11/11/11)
PRELIMINARY P4AT SHOWING
OPTOMETRIST SUBDIVISION
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EXHIBIT A
Exhibit A.3: Final Plat (stamped by Kevin N. Sorensen, dated: 11/14/11)
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B. Agency Comments/Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Site SpeciSc Conditions of Approval
1.1.1 Prior to City Engineer signature on the fmal plat, the applicant shall depict across-
access/ingress-egress easement to adjoining properties to the north (Parcel No. 51106336012),
as well as internally within the subdivision, on the fmal plat in accord with the provisions of
UDC 11-3A-3A2.
1.1.2 Revise the landscape plan to include a calculations table in accord with the final plat application
checklist.
1.1.3 Landscaping improvements within the right-of--way requires a license agreement between the
property owner and ACRD.
1.1.4 Revise the following notes on the face of the fmal plat:
a. Note #10: Include the amended development agreement Instrument No. 111058195.
b. Note #2: Include who will be responsible for maintenance (i.e. property owner or business
owners' association).
1.1.5 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.
1.1.6 Per thedevelopment agreement, hours of operation of businesses on this site shall be limited to
the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing
residences adjacent to the site.
1.1.7 All buildings on this site shall be required to receive elevation certification.
1.2 Ongoing Conditions of Approval
1.2.1 The applicant and/or property owner shall have an ongoing obligation to prune al] trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of
the area.
1.2.2 The applicant shall have an ongoing obligation to maintain all pathways.
1.3 Process Conditions of Approval
1.3.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.3.2 The applicant shall obtain the City Engineer's signature on a final plat within two years of
Council approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A.
1.3.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years of Council approval of the preliminary
plat, or 2) gain approval of a time extension as set forth in UDC 11-6B-7.
1.3.4 Prior to the City Engineer's signature on the final plat, the applicant shall close the existing
access to Meridian Road as set forth in UDC 11-3A-3A.
1.3.5 At such time that the multi-use pathway along N. Meridian Road connects from one major street
to another and is greater than one-half mile long, the applicant may petition the City to assume
maintenance responsibilities.
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EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
3. FIRE DEPARTMENT
3.1.1 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.
3.1.2 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 drive aisle.
b. Fire hydrants 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 obstmctions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new constmction or additions to existing
buildings within 1,000 feet of the project.
3.1.3 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.
3.1.4 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.
3.1.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as
set forth in International Fire Code Section 304.1.2.
3.1.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.1.7 Building setbacks shall be per the International Building Code for one and two story
construction.
3.1.8 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
3.1.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.1.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International
Fire Code Section 506.
3.1.11 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
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EXHIBIT A
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate 48-feet ofright-of--way from the centerline of Meridian Road, abutting the site. The
right-of--way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of--way dedication after receipt of all requested material. The
District will purchase the right-of-way which is in addition to existing right-of-way from
available Corridor Preservation Funds.
OR
Provide the District with a 10-foot wide sidewalk easement, in addition to the necessary
additional right-of--way (5 to 8-feet) so as to tota148-feet from the centerline of Meridian Road,
abutting the site. The right-of--way purchase and sale agreement and deed must be completed
and signed by the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required permits), whichever
occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of
all requested material: The District will purchase the right-of--way which is in addition to
existing right-of--way from available Corridor Preservation Funds.
6.1.2 Replace the existing 35-foot wide driveway on Meridian Road, located 210-feet north of the
intersection of Meridian Road and Carmel Drive, with vertical curb, gutter and sidewalk, as
proposed.
6.1.3 Construct a 27-foot wide driveway onto Carmel Drive so as to be located approximately 175-
feet east of the intersection of Carmel Drive and Meridian Road. Pave the driveway its full
width at least 30-feet into the site beyond the edge of pavement.
6.1.4 Direct lot access is prohibited to Meridian Road.
6.1.5 Payments of impact fees are due prior to issuance of a building permit.
6.1.6 Comply with all Standard Conditions of Approval.
6.2 Standard Conditions of Approval
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
6.2.2 Private sewer/water systems are prohibited from being located within ACHD right-of-
way.
6.2.2 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 en@ineer should
nrovide documentation of ADA compliance to District Development Review staff for
review.
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EXHIBIT A
6.2.3 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.
6.2.4 A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACRD right-of--way or easement areas.
6.2.5 All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
6.2.6 It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACRD 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 ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
6.2.7 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.
6.2.8 All design and construction shall be in accordance with the ACRD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Standards unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify al] improvement plans.
6.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of ACRD prior to District approval for occupancy.
6.2.10 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 ACRD. The burden shall be upon the applicant to obtain
written confhmation of any change from ACRD.
6.2.11 If the site plan or use should change in the future, ACRD 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 ACRD 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.
7. PARKS DEPARTMENT
7.1 A 10-foot wide multi-use pathway is required to be constructed along N. Meridian Road in accord
with the Meridian Pathways Master Plan (5 feet maybe added to the existing 5-foot wide sidewalk).
PAGE 15
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 City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals,
Section 7, of the StaffReport for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are currently provided to the subject property.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the property is currently serviced by City water and sewer and any other utilities
will be provided by the development at their own 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 fmancial capability of supporting services for the
proposed development. See Exhibit B for comments from public service providers.
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 platting of this property. ACRD considers road safety issues in their
analysis.
PAGE 16