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Canterbury Commons PP-12-005 MDA-12-002CITY OF MERIDIAN E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW r- AND I D A H O DECISION & ORDER In the Matter of Preliminary Plat Consisting of 104 Single-Family Residential Lots and 12 Common Lots on 21.45 Acres of Land and Development Agreement Modification to Amend the Recorded Development Agreement for Canterbury Commons Subdivision, Located on the South Side of W. Pine Avenue, East of N. Ten Mile Road, by Heartland Homes, LLC Case No(s). PP-12-005 and MDA-12-002 For the City Council Hearing Date of: September 18, 2012 (Findings on October 2, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 18, 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 (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 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). PP-I2-005 and MDA-12-002 -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. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 18, 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 Plat and Development Agreement Modification for Canterbury Commons Subdivision is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of September 18, 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 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 (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, may be 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). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-12-005 and MDA-12-002 -2- 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 may be filed. 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 September 18, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-12-005 and MDA-12-002 -3- u B action of the Ci Council at its re ular meetin held on the da of C~ ' Y tY g g y 2012. COUNCII., PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED 1 ~~ !J COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER KEITH BIRD VOTED ~---- MAYORTAMMY de WEERD VOTED (TIE BREAKER) ~~ de Weerd o~ ~'~ cU ~~~4 S~j1 Attest: ~ ~o~, City of E IDTAN~-- ,~ IbARp a cee an Ci Clerk `~' Ste" y ~ ty ~~~~ ~~~ ~~r~r TREA5~4Q Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. Dated: ~F~ ~ ~ ~p~ C lerl s ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-12-005 and MDA-12-002 -4- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: September 18, 2012 EXHIBIT A Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 E IL7IAN~--- lp~wa PP-12-005 and MDA-12-002 -Canterbury Commons 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Heartland Homes, LLC has requested approval for the following applications: 1) preliminary plat (PP) approval for 104 residential lots, 12 common lots and an irrigation lot on 21.45 acres of land and; 2) development agreement modification (MDA) to amend the recorded development agreement to create a new provisions for the proposed single family subdivision. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed preliminary plat based on the Findings of Fact and Conclusions of Law in Exhibit C subject to the condition of approvals in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on August 16, 2012. At the public hearing, the Commission voted to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Scott Noriyuki ii. In opposition: None iii. CommentinE: None iv. Written testimony: Scott Noriyuki, the applicant's representative v. Staff presenting application: Bill Parsons vi. Other staff commentinE on application: None b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. Commission added a condition for compliance with the common drive standards outlined in UDC 11-6C-3D. ii. Commission struck condition 1.2.1 bullet #1. iii. Commission added a condition that requires the looped water system and the central park including amenities to be constructed with the second phase of development. iv. The Commission required a revised landscape plan 10 days prior to the City Council hearing. The revised landscape plan is attached in Exhibit A. d. Outstanding Issue(s) for City Council: i. None he Meridian City Council heard these items nn Septemher 18.2012. At the public hearing. the ouncil annroved the subject PP and MDA reaue t ~, ummarv of Citv Council Public Hearin: L In favor: Scott Norivuki and Steven Meharrv ii. In opposition: None Canterbury Commons PP-12-005; MDA-12-002 - 1 - EXHIBIT A 111, Commenting: None iy, Written testimony: None Y. Staff nresentin~ annlication: Bill Parsons Yi. _Other staff commenting on annlication: Pete Friedman and Warren Stewart 1L, ev Issues of Discussion by Council• L Phasing subdivision improvement . ~. ev Council Changes to Staff/Commission R .commendation L Council modified several DA nrovisions. See Exhibit B below. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP-12-005 and MDA-12-002 as presented in staff report for the hearing date of September 18, 2012 with the following modifications: (Add any proposed modifications.) Continuance I move to continue File Numbers PP-12-005 and MDA-12-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-12-005 and MDA-12-002 optional as presented during the hearing on September 18, 2012 for the following reasons: (You should state specific reasons for denial of the plat.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location The subject property is located on the south side of W. Pine Avenue; east of N. Ten Mile Road in the southwest'/4 of Section 1, Township 3 North, Range 1 West. B. Owner/Applicant: Heartland Homes, LLC 2358 S. Titanium Place Meridian, ID 83642 C. Representative: Tamara Thompson, Landmark Development Group LLC, (342-4516) D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject applications are for a preliminary plat and a development agreement modification. 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: July 30, and August 13, 2012 (Commission); August 27, and September 10, 2012 (Council) C. Radius notices mailed to properties within 300 feet on: July 25, 2012 (Commission); August 23, 2012 (Council) D. Applicant posted notice on site by: August 6, 2012 (Commission); September 7, 2012 (Council) 6. LAND USE Canterbury Commons PP-12-005; MDA-12-002 - 2 - EXHIBIT A A. Existing Land Use(s): The subject property is currently vacant land, zoned R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with a mix of single family and multi-family homes. North: Sommersby Subdivision No. 2, Lyndhurst Grove Subdivision, Kelsee Park Subdivision and Haven Cove Subdivision, zoned R-15, R-8 and R-4 West: The Courtyard at Ten Mile Subdivision and a Church, zoned R-15 and L-O South: Railroad tracks and vacant industrial property, zoned I-L East: Morning Glory Subdivision No. 2, zoned R-8 C. History of Previous Actions: In 2006, the subject 21.77 acre property was granted Annexation and Zoning (AZ-06-013) approval by City Council with an R-15 zoning district. A development agreement was approved with the annexation (Instrument No. 106187188). Concurrently, a preliminary plat (PP-06-011) consisting of 116 residential building lots (49 four-plex lots and 67 townhome lots) was approved. A conditional use permit (CUP-06-006) for multi-family development was approved and consisted of 196 multi-family 4-plea structures and 67 townhomes with a private clubhouse, pool, central open space with tot lot, basket ball court and interconnected pathways. • On April 1, 2008, a final plat (FP-07-032) was approved by City Council consisting of 54 multi-family and townhome lots and 6 common lots on 14.01 acres. The plat was never recorded, thus, the plat has expired. The CUP remains valid. D. Utilities: 1. Public Works: a. Location of water: W Pine Ave. b. Location of sewer: W Pine Ave. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Ten Mile Drain transverses along the western boundary and the Eight Mile Lateral transverses along the northeast portion of the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: It does not appear the site is impacted by the flood plain. F. Summary of Proposed Streets and/or Access: The applicant is proposing to construct numerous public streets as part of this project (see section 9 for further analysis). 7. COMPREHENSIVE PLAN POLICIES AND GOALS The site is designated "Mixed-use Community" on the future land use map. The mixed-use area anticipates densities between six and fifteen dwellings per acre. The proposed preliminary plat includes 104 residential lots and 12 common lots on 21.45 acres for a total gross density of 4.84 dwelling units/acre slightly below the anticipated density stated in the Comprehensive Plan. The mixed use designations are typically situated in highly visible corridors where innovative and flexible designs are encouraged. The previous project provided a mix of multi-family and townhomes (263 units) and a greater density (12 dwelling units to the acre) than proposed with the current project. The applicant is seeking a redesign to develop a single family subdivision, thus the reduction in density and the unit mix. Although a single use development is not ideal for the mixed use designation, Canterbury Commons PP-12-005; MDA-12-002 - 3 - EXHIBIT A staff believes there is enough housing diversity and vacant commercial property in the vicinity to support the development. Specifically, there are several multi-family developments (Sommersby and The Courtyards at Ten Mile) constructed that support a diverse housing mix in the area and multiple undeveloped commercial parcels that could develop with services to meet the needs in the area. Additionally, there is single family residential development to the north and east of this property. The proposed plat is consistent with the density (average density is 4.24 dwelling units to the acre) and lot sizes (average lot size is 7250 square feet) with the adjacent subdivisions. Based on these factors, Staff is of the opinion that the proposed plat is generally consistent with the Comprehensive Plan and the adjacent development in the area. 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): • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) City services will be extended with the development of the site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter3, pg. 48) The developments to the west and to the east did not provide vehicular connectivity to the subject property. Public streets will be constructed with the project but will only serve as access for the proposed subdivision. • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system (Chapter 3, pg. 48). The applicant is proposing to construct a 10 foot multi-use pathway along the Ten Mile Drain consistent with the City's Master Pathway Plan. The proposed pathway will connect with the existing pathway segment constructed on the south side of Pine Avenue from the signalized intersection. The applicant is also designated a 16 foot wide common lot along the rail corridor to be preserved for a future pathway. The pathway is not being constructed by the developer it is merely a reserve strip, if the City cannot negotiate a pathway within Union Pacific 200 foot wide easement. • Require common areas for all subdivisions (Chapter 3, pg. 54) The submitted plat depicts the overall open space proposed with the development. Staff has calculated the total amount of open space provided is 2.57 acres (11.98%). The proposed open space complies with the 10 percent required by the UDC. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3, pg. 52). As mentioned earlier, the original project contemplated a mix of multi family and townhome units. With the exception of the multifamily development to the west, the subject property is primarily surrounded by single family subdivisions. Since the proposed plat has similar lot sizes and density, staff is of the opinion the subject plat is compatible with the adjacent subdivisions. • Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (Chapter 3, pg. 53). The applicant is proposing to construct a 25 foot wide landscape buffer along Pine Avenue. By ordinance, a 25 foot wide buffer is required adjacent to arterial streets in accord with UDC 11- 3B-7C. Canterbury Commons PP-12-005; MDA-12-002 - 4 - EXHIBIT A 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) Table 11-2A-2 lists single-family detached homes as permitted uses in the R-15 zoning district. b. Purpose Statement of the Zone: R-15: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. 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-15 zone established in the UDC. No dimensional modifications are being requested for the proposed development. The subdivision must comply with the subdivision design and standards outlined in UDC 11- 6C-3. d. Landscaping: 1. Width of street buffer(s): Per UDC 11-2A-7, a 25-foot wide street buffer is required adjacent to Pine Avenue, designated an arterial 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: Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for every 20 acres of development area. 3. The planned micro paths are required to comply with the design standards in accord with UDC 11-3A-8 and UDC 11-3B-12. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: MDA Application: As mentioned earlier, the previous project was approved as a mixed use residential development that consisted of 196 multi-family units and 67 townhome units. The previous developer commenced with the subdivision improvements however; the work was never completed to obtain signature on the final plat. The new owner has a new vision for the property and wishes to develop a single family subdivision. Since the proposed project differs substantially from the previous approvals, the recorded development agreement (DA) must be amended to incorporate new provisions relevant to the proposed single family subdivision. Staff has provided the appropriate DA sections that need to be modified: • Update the Parties: Include new developer/owner; • Section 3.2 and 3.3: Include new developer/owner; • Section 4.1: Replace with Construction and development of a single family development consisting of 103 single family residential lots and 12 common lots in an R-15 zone on 21.45 acres; • Section 5: 5.1.9 -Reference new landscape plan attached as Exhibit A; 5.1.10 -Replace 116 buildable lots with103single family buildable lots; 5.1.11 -Delete this provision as it is no longer applicable; Canterbury Commons PP-12-005; MDA-12-002 - 5 - EXHIBIT A 5.1.12 -Add if required by VRT at the end of the provision; 5.1.13 -Replace with the current provision to read: All future homes constructed on the site shall substantially comply with the elevations shown in Exhibit A. The applicant shall receive Planning Department approval for the future homes prior to obtaining building permits. The proposed elevations shall be consistent with Section E. Residential Guidelines contained in the Meridian Design Manual. Similar building materials and a mix of materials shall be incorporated into all sides of the future homes. Architectural details shall be incorporated into the overall design of the home on the side and rear facades that face a public street and common open space. 5) Add the following new DA provisions: • The applicant shall complete all Pine Street improvements (landscaping and sidewalk) with the first phase of development. • Lot 26, Block 1 shall be held in perpetuity for the construction of a City pathway. Said lot shall be developed with six (6) trees and sod until such time as the pathway is constructed. If a City pathway is not constructed on said lot, it shall remain landscaped as required. 6) Section 16 -Update with new owner information. Preliminary Plat (PP): The applicant is requesting preliminary plat approval of 104 residential lots, 12 common lots and an irrigation lot for a total of 117 lots on 21.45 acres of land. On the submitted plat, the lots range in size from 5,000 square feet up to 19,295 square feet. The large discrepancy in lot sizes is due to the irregular shape of the property. Average lot size is 6,005 square feet. The gross density for the proposed plat is 4.84 units to the acre. The property is zoned R-15. All of the proposed lots must comply with the dimensional standards established in the UDC. The R-15 zoning district does not have a minimum frontage requirement and the minimum lot size is 2,400 square feet. After reviewing the plat all of the proposed lots comport to the R-15 dimensional standards. However, Staff has concerns with the lot configuration surrounding the proposed central park. Lot 2, Block 4 has multiple lots abutting the side and rear property line. Although the UDC does not specifically address this concern, the elimination of a lot can remedy this concern and provide a larger central park for the future residents. Staff recommends the applicant eliminate one buildable lot (Lot 2, Block 4) and a portion of Lot 6, 9 and 12, Block 4 and incorporate this area into the proposed central park. If the applicant complies with this recommendation, staff is supportive of the plat design (see exhibit A.3). Phasing Plan: The applicant is proposing to develop the plat in three (3) phases. The applicant has committed to doing the entire Pine Avenue street frontage improvements with Phase 1 of the plat. This also includes the extension of the sidewalk from the eastern driveway to the sidewalk constructed with Morning Glory Subdivision to the east. Staff has recommended the applicant complete all Pine Street improvements with the first phase of the development as part of the amended development agreement. Block Length: Given the irregular shape of the property and the lack of any stub streets to the property, the applicant is unable to comply with the UDC's 750-foot block length requirement along N. Tysen Avenue. In lieu of a public street connection, the applicant is proposing a pedestrian connection as allowed by the UDC. Due to the number of constraints, staff is of the Canterbury Commons PP-12-005; MDA-12-002 - 6 - EXHIBIT A opinion that pedestrian connection is an appropriate alternative and should be granted in lieu of a public street connection. Street Network: The proposed plat fronts on Pine Avenue, an arterial street. The existing access points were established with the previous plat and will remain. Because the surrounding subdivisions have not provided any stub streets, interconnectivity with the surrounding developments is not possible. Attached Sidewalks: The applicant is proposing to construct 5-foot wide attached sidewalks along the internal/local streets. The UDC requires 5-foot wide detached sidewalks along Pine Street. The majority of the 5-foot wide detached sidewalk along Pine Avenue has been constructed by the previous developer. A 460-foot section of sidewalk along Pine Avenue needs completion and the developer has agreed to complete it with the first phase of development as noted above. Building Elevations: Elevations have been submitted with the subject applications (see Exhibits A.9-A.11). Since a development agreement modification is accompanying the preliminary plat, staff believes elevations should be tied to the amended development agreement. Further, the proposed elevations should be consistent with Section E. Residential Guidelines contained in the Meridian Design Manual. Similar building materials and mix of materials should be incorporated into all sides of the future homes. Particular attention should be made to those side and rear facades that face a public street and common open space. With future home designs, staff recommends the Planning Department sign off on the home design to ensure future homes comport with the Meridian Design Manual and comport to the elevations submitted with the preliminary plat. Open Space/Amenities: UDC 11-3G-2 requires a minimum of ten percent open space for all residential developments exceeding five acres. The UDC also requires one additional site amenity for each additiona120 acres of development area. Using this standard, the applicant is required to provide one (1) amenity for a development of this size (21.45 acres). The submitted plat indicates 11.98 percent open space (2.57 acres) will be provided with the proposed plat. The qualifying open space consists of a central park to include walking paths and a children's play structure, Pine Avenue street buffer, two drainage lots, 2 micro path lots and 2 multi-use pathway lots. As mentioned earlier, staff is recommending the applicant increase the central park area by eliminating one of the buildable lots. Multi-use Pathway: The Master Pathways Plan prescribes a 10-foot wide multi-use pathway along the west side of the proposed plat. Additionally, the City envisions a 16-foot wide pathway along the rail corridor within the Union Pacific 200-foot wide easement. The applicant is proposing to construct a 10-foot multi-use pathway along the Ten Mile Drain consistent with the City' Masters Pathway Plan. Although the City is not requiring the applicant construct the pathway along the rail corridor, the applicant is providing a 16-foot wide common lot along the southern boundary to preserve space for a future pathway. If the city is unable to negotiate the pathway placement within the UP's easement, this lot provides a secondary means for the City to construct the pathway. Staff has addressed the requirements for the proposed pathway in the amended DA provisions above. 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 Eight Mile Lateral and the Ten Mile Drain transverses the northeast corner and the western property boundary. During the review of the previous project these irrigation facilities were approved without requiring tiling. The area along the Ten Mile Drain will be improved with a 10-foot multi-use pathway consistent with the City's Canterbury Commons PP-12-005; MDA-12-002 - 7 - EXHIBIT A Masters Pathway Plan. The area surrounding the Eight mile Lateral is proposed to be deeded the Nampa Meridian Irrigation District. Staff is supportive of the irrigation facilities remaining un- tiled as previously approved. Landscaping Requirements: The applicant has not provided a revised landscape plan to accompany the proposed plat. Staff anticipates one will be available prior to the public hearing. Based on the type of open space being proposed with the plat, staff is still able to condition a landscape based on the landscape requirements in the UDC. The submitted landscape plan must comply with the following standards: • A 25-foot wide street buffer along W. Pine Avenue must be constructed in accord with the standards outlined in UDC11-3A-7C. • The micropath lots (Lot 9, Block 3 and Lot 39, blockl) must be installed in accord with UDC 11-3A-8 and UDC 11-3B-12. • Lot 44, Block 1 must be installed in accord with UDC 11-3A-8 and UDC 11-3B-12. • Lot 35 and Lot 58, Block 1 must be designed in accord with UDC 11-3B-11. • All proposed fencing must installed in accord with UDC 11-3A-7. • Provide a children's play structure and internal walking paths within the central open space lot (Lot 1, Block 4) as proposed. Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan and the requirements of the UDC and recommends approval of the proposed plat. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat Revised 3. Staff's Recommended Change to the Plat 4. Landscape Plan Revised 5. Building 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 9. Idaho Transportation Department C. Required Findings from Unified Development Code Canterbury Commons PP-12-005; MDA-12-002 - 8 - EXHIBIT A A. Drawings 1. Vicinity Map ~ X916 ~ ~~' ~~ - ~ ~-$., ~ ~ ~ ~ __: - _ q72~ Ih ..... ~~-~ , ~~ ~ ~.. 96 e'~ ~~ ~R}4 ° ~ 1898 ~ ~ ~ 1 - ..i y /'~ •Lb N ~ N ,.n 2491 ~ 960 890 i I ~ I ..~.... i k _ - ~ - i i -_ - ~ a ti ~ ~ `C 2614 $8 j .~ 1964 957k 950 ---z 1..._ _. .... ~ ~ ~~.~ ~\ ~- Tf6E 8F 9qz q35 ` , RtJ ~ _ - ~ ~ .... ~ (z .o , ... ~ '___ ~ ~ ..-- D ~ _\ _ ~ ~ [p( ~ d , ....~ ~~ ....-.... _._~ \ _..._` tib b ~ N 1i ~ N_ LN~O-i 9~.9~?w N PINE AVE -~ - ------- C ~ ,~ I ~' 750 ~ --I l ~ , C-~~ i I 1 ~ I ~ ~ _.., it '. 7s0 i ~. _ ~ ~ ~ i i - ~ i RU ~ ,~ ~ I ' r r I r '. l WTREVHDR ~t~-1S ~ i ',, ' 60G -G _ L-U q __. __ __. __ _-_. a w _. z Iw _._ _._ __ ..__. r- ...----- .. I ~,! I z9sa RUT ~io~~ , ,~ ~o 1 i ^^~ `/~ bhti F ti~y~ bb bb\ ~ b j b _ bpi b^ ~ 8 ~^ ., \ b \ ~ .~~ 1S~S ~...._Vy-S YDE R 1, _._ O / h - m ~ ~_~_. '~h~P^ I.,~Ialo~m I-L 2770 ~_r 6 ixil~n<< n EXHIBIT A 2. Proposed Preliminary Plat (REVISED) CANTERBURY CO:NMONS SUBDNISION ioc:.tt a w[ m r r ~r sw~~w.,•::•. r ~: ter- -. T r;ax 41~.F~ wax ~~ ~~ v a ~~ ;, ~~ _u , ~~ I I i 1 9 ~ . " ~ ~~-~ . ., ~. ~. t ~` ii°--•^ ~~~ ,~ ,, ~ ;~~ ~~ s ~ + ~~ ,. ~ r t ~'}; • ~~ '~ ~ ~.i _-~ ~j~ I`~ - _, ~~, ~ / Ii ~i~ . . < ,~ ~ wz r _ t, itr , ,r --~-a.=~ ~ ~ wr ~i~ ~: -~ 1 st ~~ ~~~~~ c~ .~, y ~s M .~ r~ 1i t`~t ~' • ia. ..,~M r~ LSYt 'r•~rPf~ ~ "t r r.... ... Exhibit A _ 2 _ EXHIBIT A 3. Staff s recommended Change to the Plat Gc,, t.~ ~'TEli'DUF.Y' CO.t1~fCJ~ti ~ SUfJL~14'ISI01" •-;- ~=>';.. 1 . .. _ ~ _. .. .. _. _ _ _ ~ p.-_. ___ -- _-..J-. . _ .. .. j "' i ~ ~ ( ' ~ •~ ~_ ~ .. _.,_ ... ,~ ---t , '~ 1 :__. _:_ ' -- -- -- - _ .. --- -- _.. --- - --_ . _. _._ f ~ ",- "; ~ kE ~RJf. I!' R9SG1~ TF.R ~ 1 4 - „- ~ `_ J _._..--/ _~ ~- ~ ~f- Exhibit A - 3 - EXHIBIT A _.::,~ .~ rl T: ~... I r ~:, ~ - r ~ ~'+ELIM\/.NY -14T SH~M~~;. CANTERBERRY COMMONS SUBDIVISION 4:i .TE rY TfE :..Ti £ T NI ;F `FCTI)!: ~~. r n ME~INa~.'..1! ~ QTY. I1.M-) I ~ ~ ~ ~ .t:,Y' ~ ~ T ~, e , ~ ~ ` ~ _ ~ ~_~~ ~o l i i \ e •~ •~ .~ l_. PRE-PLAT -OVERALL SRE PLAN i ~ ~ ~ f . _. _ i r P-7 0 ,nom s~ -.. i ~ r~a.rw~M w r.ea n wC»~ iririrriTiri r rrrrrrr _~ r ~: r~ --'~ ~' ~ lxhibit A - 4 - 4. Proposed Landscape Plan (REVISED) EXHIBIT A w. niwE~-s ~_ .. ,, •:.. ~; .. . L ~, • ~ ~r-__-----, , ~.~ f F a~ "•• .• . ~--- - -- ~ . U i ~;~: -15 7.ONE ~•'~ •. ~ i ~ j ~ I I ,,~, ••~ I ~ ~ ' I ~ •\'•.•.• •. t ~ i _L _ _. I_,1 1 •, __~ /~~ '•. IK~i1~INLR ~ '• •. .-... _..~._ _... -C' ~ ~. LANDBCAPB PLAN ~ ti ~ 1 ~\ rl~marE r8ri ~, ~i\ '' ~ i s\' +^~~• sw~ Hoar zoo soa o~rnura ~ i :'i :'i : ~ ! er.~x wxD ~s rao •os sLrr tse~ ~wa~~a wora. Iwo n~r~u ,:~• r; ^ ®"; ~; ~ O ^p ~ .~l ~~_._1_ ~a~g ® ~'~ -- ®-~:~ ^ •~ ®~ ^ ^ ~ ~~ 1 ^ '' ,. ^' C^ ^ ^ ----^- . ~i" .. {~.. ~ .` ./ .. 5..~-` litl~tX rCII~ ~~~R ~c~~ ~~~ e F~~ O~ =r-- J _.. ~ ~ _ ^ S ~• ~`~ O ~ j I ' I I~ LT I © I ~ r00l1 ~^-~_ -76m - _ = __ ~ ~~ i ~ e ^a _ ~ .... .... 0 / ~ /' '°' ~ _ a ,~ ~ /~ _ , ---~- ~ /` -`~ l j ~i ^ ,~ • ,. , ~`.. . ,. '` rr~wrr ~ rrrrr 'w~i rrr r ~rr rr_~rrrrrrrr r^ rrrrrrr ^~ Ydl' ~ ... / n / n IIMIrIMMOR - ~ ~ Vv~/ LANDSCAPE PLAN ~ iii !iA ~ lL~lli ~~f ~ "~ +~ a s ~ ~ rawn.aa~a ~resa~.we nR.v. ~'~x ..O = #ii1'i=:~ $` Exhibit A - 5 - EXHIBIT A ~ ~• ~ ~ y 9 ----- ~~~~~ ~ ~~~~~ ~~~ ~~~ ~ I~~~~~~~~~~~~ ~ ~~~~~~~ ~~ ___... .~ . r V''~ ~ ,~ ~ © ~ ~ __-__ Qcr ~ _.. ~ pegg .- w ~ ~ , ... .. E ~ ': _ _ _ ~ ~~ ----- ~ ~` L-O ZON , ~ ~ `Y Z O • j '. ~~ ..-Y4.^ .~. -;fir' x~. L00I1 ` :•: .; ; N ~~ -.Li'~ i aSii'~ Li i.i.7LGS.`.,..~ .. ~ _ ~I~n~ S~• _.. .. L~w I-L ZONE ,~~ .o.~ ~.~ o~..u. ara sw~L~._...R....f` N...M.. LAPDBCAPE PLAN ar.~x ~a ~: zae ros err*r • • S} ~• •~ Ii/1~ LYm/Q~T~ 1MT~ llfO ~~II~ LCir+ji w wC1.."t'. ~ iii i~= iYi a N.MR tl~ti w ...rww..r. w~. ~i"+7~ w.e.... ..wr u lC.YS' ~ per. '~~ ~ rwrr aw L~R ~ • ~ I,. ww ~ r+r... ..... ~ "Y~7C7.'Q .. ~~~ ..:FCb^• ~..rr ... ..~~...,~Y .. .. ..-.....w.o.ww.. ""4.lT.'.7.w. ry.,.. ~, m.,~~®aaoa .w-.. .,.... @ ~9 M~~ • _ ~ ~.~~ ~,rrr w ~ ' y w,wsw wf.~ r, ~~ n ~~.wY W lY~lo tlaii O ~~ ~ ~r.i~ • -wee w.• ~• ~' ~'gw..r..~,r win.., F~N ~w 4•~wY ~~ .y "", r~..wr ~ o~~jjo''tty~ tt0l10 ,.... +~ ,re.'o..+ ~ oowir~wMSSm~ ii' 2$ ® sow.rnsa..Nr•nu • ^s~l~yy~ir~^ a -~ iv.«aowa~,~s.~r~M.•u, O ~~m~e i!I lYIY~~ L.TSd9.. ~ LANCCAP! NOTEi r ..ess~a~ ....,... s ~ sesAar,~ ~ w w.. i uroseMe ewan.~~ A ~~ ~ ...e~wn..wa ..""'ii'a`in""vaw.:a. "r10'e° qll~ ~IIS! L1A /Oi Ofa~fi~ x'11' / y • nwra, >a..r.~.. w. lL~R ~1m ~/ Iit li~0 Ltt /~Oi 7A'~'--~./~ NItaMMY .~~.~»a~,~".~.Y.>:`.,.,~..~..a...w~ n~r~cmrus~a~rssr.~ ~.~... ~S=iZ•i=i~~ .~... alirMw wC'~' _______ --- - w.w..a- Exhibit A - 6 - EXHIBIT A 5. Proposed Elevations u J ,,~~„ _ .. .~.. ~.. ... . ~ .. ems.. .` _~. r... ~~. ~,~ - y /' L,X~11b1Y !~ - 7 - EXHIBIT A l~xhibit A - K - EXHIBIT A L'xhibit A - 9 - EXHIBIT A B. Conditions of Approval 1. Planning Department L 1 DEVELOPMENT AGREEMENT MODIFCATION 1.1.1 The DA shall be signed by the property owner and returned to the city within two years of the City Council granting the approval. The amended DA shall include the following modifications: • Update the Parties: Include new developer/owner; • Section 3.2 and 3.3: Include new developer/owner; • Section 4.1: Replace with Construction and development of a single family development consisting of X83104 single family residential lots and 12 common lots in an R-15 zone on 21.45 acres; • Section 5: 5.1.9 -Reference new landscape plan attached in Exhibit A; 5.1.10 -Replace 116 buildable lots with4A3104 single family buildable lots; 5.1.11 -Delete this provision as it is no longer applicable; 5.1.12 -Add if required by VRT at the end of the provision; 5.1.13 -Replace with the current provision to read: All future homes constructed on the site shall substantially comply with the elevations shown in Exhibit A. The applicant shall receive Planning Department approval for the future homes prior to obtaining building permits. The proposed elevations shall be consistent with Section E. Residential Guidelines contained in the Meridian Design Manual. Similar building materials and mix of materials shall be incorporated into all sides of the future homes. Architectural details shall be incorporated into the overall design of the home on the side and rear facades that face a public street and common open space. Add the following new DA provisions: The applicant shall complete the remaining sidewalk and all of the street lighting along Pine Avenue ^"~~^ ~*~°m°~o~e~Trl; „a~°^~~^ „a ^~a° ~^"~` with the first phase of development. A temporaryasphalt sidewalk is allowed to abut the Eight Mile Lateral until Phase 3 At the time the Pine Avenue improvements are completed with Phase 3 the tem~orarv asphalt sidewalk must be removed and permanent sidewalk must be constructed by the applicant. • Lot 26, Block 1 shall be held in perpetuity for the construction of a City pathway. Said lot shall be developed with six (6) trees and sod until such time as the pathway is constructed. If a City pathway is not constructed on said lot, it shall remain landscaped as required. The required landscape improvements must be installed with Phase 3. • Section 16 -Update with new owner information. 1.2 SITE SPECIFIC REQUIREMENTS -PRELIMINARY PLAT 1.2.1 The preliminary plat labeled Sheet I of 1, prepared by CK Engineering, dated 06/11/12, shall be revised as follows: • ~~,pp~~=^ii,~te r „+ ~ ,,,a „~.~n „o r ,.+ ~ ~ „a }~B-1„°io Exhibit B - 1 - EXHIBIT A • Prior to signature on the final plat by the City Engineer the applicant shall provide exhibits for each individual common drive quad lot configuration (two (2 in total that depicts the setbacks, building envelope, orientation and structures in accord with UDC 11-6C-3D.7. • Include amended DA instrument number on the face of the final plat. 1.2.2 Provide the internal street network as proposed on the plat. 1.2.3 All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be ap ved a minimum of 20-feet wide with a surface capable of supporting 75 000 lbs. All properties that abut a common driveway shall take access from the driveway. File a perpetual in ess/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer OR dedicate said easements via the plat. Graphicall~pict the common driveway easements for each applicable lot on the face of the plat. 1.2.4 Provide a minimum of 2.57 acres of common open space and include the following amenities: a children's play structure (Lot 1, Block 4), internal walking paths, and a10-foot wide multi-use pathway within Lot 44, Block 1. The proposed central park (Lot 1, Block 4) including the amenities shall be constructed with phase 2 of the subdivision. 1.2.5 The future landscape plan shall comply with the following standards: • A 25-foot wide street buffer along W. Pine Avenue must be constructed in accord with the standards outlined in UDC11-3A-7C. • The micropath lots (Lot 9, Block 3 and Lot 39, block 1) must be installed in accord with UDC 11-3A-8 and UDC 11-3B-12. • Lot 44, Block 1 must be installed in accord with UDC 11-3A-8 and UDC 11-3B-12. • Lot 35 and Lot 58, Block 1 must be designed in accord with UDC -11-3B-11. • Provide a children's play structure and internal walking paths within the central open space lot (Lot 1, Block 4) as proposed. With final plat submittal, provide a detail of the children's play structure. • Lot 26, Block 1 shall be landscaped with a minimum of six (6) trees and sod. • Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. • The drainages areas planned for common lots 35 and 58, Block 1 shall be designed in accord with UDC 11-3B-11C. 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. GENERAL REQUIREMENTS -PRELIMINARY PLAT 1.3.1 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). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. Exhibit B - 2 - EXHIBIT A 1.3.4 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 1.3.5 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, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.3.6 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. 1.3.7 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..3.8 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C.2. 1.3.9 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.10 The applicant shall coordinate all subdivision improvements with the Nampa Meridian Irrigation District. 1.3.11 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway (Ten Mile Drain and Eight Mile Lateral) 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 cannot be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3.13 Comply with all ACRD conditions of approval. 2. Public Works Department 2.1 Sanitary sewer service to this development is available via extension of mains in W Pine Ave. 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 available via extension of mains in W Pine Ave. The applicant shall be responsible to install two water connections to Pine Ave 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 looped water system shall be constructed with the second phase of development. 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. Exhibit B - 3 - EXHIBIT A 2.4 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 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. 2.7 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 purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 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. 2.9 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. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 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. Exhibit B - 4 - EXHIBIT A 2.19 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. 2.20 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. 2.21 100 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. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two ,~. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.24 The applicant will be required to install with phase 32 an 8 inch water main with ablow-off and 20 foot easement in Lot 39 Block 1. 2.25 The applicant will be required to install with phase -~2 an 8 inch water main with ablow-off and 20 foot easement in Lot 21 Block 1. 3. Fire Department 3.1 The proposed project has no Fire Department concerns. 4. Parks Department 4.1 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 4.2 The applicant shall design and construct the multi-use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 4.3 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathways along the Ten Mile Drain and the southern property boundary (Lot 26, Block 1) on the final plat. 4.4 The applicant shall have an ongoing obligation to maintain all pathways. 5. Police Department Exhibit B - 5 - EXHIBIT A 5.1 The Police Department has no concerns related to the site design submitted with the application. 6. Republic Services 6.1 Republic Services has no comments related to the submitted application. 7. Ada County Highway District (DRAFT Site specific conditions) 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 37-feet ofright-of--way from the centerline of Pine Avenue abutting the site or provide a permanent right-of--way easement if the sidewalks are to be placed outside of the right-of--way. The easement shall encompass the entire area between the right-of--way line and 2-feet behind the back edge of the sidewalk. 7.1.2 Construct Pine Avenue as one half of a 46-street section with vertical curb, gutter and 5-foot wide detached concrete sidewalk abutting the site, as proposed. 7.1.3 Construct Clara Avenue as a 48-foot wide street section (back of curb to back of curb), with curb, gutter, 5-foot wide attached concrete sidewalks, and 8-foot wide landscape medians, within 64- feet ofright-of--way aligned centerline to centerline with Clara Avenue (an existing local roadway located on the north side of Pine Avenue), as proposed. 7.1.4 Construct Haven Cove Avenue as a 48-foot wide street section (back of curb to back of curb), with curb, gutter, 5-foot wide attached concrete sidewalks, and 8-foot wide landscape medians, within 64-feet of right-of--way aligned centerline to centerline with Haven Cove Avenue (an existing local roadway located on the north side of Pine Avenue), as proposed. 7.1.5 If the applicant doe not dedication additional right-of--way to total 64-feet on Clara Avenue and Haven Cove Avenue, then the right-of--way dedication should to extend 2-feet behind the proposed back of curb, and a permanent right-of--way easement should be provided the district to encompass the sidewalks. The easement shall encompass the entire area between the right-of--way line and 2-feet behind the back edge of the sidewalk. 7.1.6 Construct the internal local streets (Haven Cove Ave., Jayton Dr., Marbeth Dr., Stucker Ave., and Tysen Ave.) as 34-foot wide street sections (back of curb to back of curb), with curb, gutter and 5-foot wide attached concrete sidewalk within 48-feet of right-of--way. 7.1.7 Provide written fire department approval to the District for any street section narrower than 36- feet. 7.1.8 Construct the terminus of Jayton Dr. and the unidentified roadway as a Cul-de-sac Streets to provide a minimum turning radius of 45-feet. 7.1.9 Widen the bridge for Eight Mile Lateral Canal Crossing to accommodate the road widening and sidewalk construction. Submit the bridge plans for the crossing of the Eight Mile Lateral for review and approval prior to the pre-construction meeting and plat approval 7.1.10 Other than the access specifically approved with this application, direct lot access to Pine Avenue is prohibited and should be noted on the final plat 7.1.11 Payment of impacts is due prior to issuance of a building permit. 7.1.12 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. 8. Nampa Meridian Irrigation District 8.1 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site the Nampa Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 33-8015. 8.2 A Land Use Change Application will need to be filed with the District. Please contact Suzy Hewlett at 748-6661 for further information. 8.3 There is a current contract for pressurized irrigation. Any changes that affect water delivery will need to be reviewed. 8.4 The District's 8 Mile Lateral with an easement of sixty feet; thirty feet each side of Exhibit B - 7 - EXHIBIT A centerline and the Ten Mile Stub Drain with an easement of sixty feet ;twenty five feet left and thirty-five feet right of centerline facing downstream course through this proposed development. These easements must be protected. Any encroachment without a signed License Agreement and approved plan before any construction is started is unacceptable. 9. Central District Health 9.1 After written approval from the appropriate entities is submitted, CDHD can approve this proposal for central sewage and central water. 9.2 The central sewage and central water plans must be submitted to and approved by the Idaho Department of Environmental Quality. 9.3 Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be submitted to CDHD. Exhibit B - 8 - 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 Council shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with this unified development code; The Council finds that the proposed plat generally complies with the comprehensive plan and is consistent with the UDC. The Council finds the proposed plat comports to the dimensional standards of the R-15 zoning district and the subdivision regulations set forth in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis 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 subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety or environmental problems associated with the development of the subdivision that should be brought to the Council attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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 -