PZ Recs/Staff Report REV 10/31STAFF REPORT
Hearing Date: November 7, 2012 E IDIAN~--
TO: Mayor and City Council I D A H O
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-12-009, PP-12-008 and ALT-12-006 -Villas @Lochsa Falls
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Arete Investment Group, LLC has applied for annexation and zoning (AZ) of 5.67
acres of land with an R-8 zoning district and a preliminary plat (PP) for (31)single-family residential
lots and 5 common area lots on 4.95 acres of land in an R-8 zoning district for Villas @Lochsa Falls
Subdivision.
Alternative compliance is also requested to reduce the portion of the required landscape buffer along
Linder Road from 25 feet to 10 feet to incorporate the existing homes into the design of the proposed
development. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP and ALT applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on October 4, 2012. At the
public hearing, the Commission voted to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Ross Erikson and Jeremy Telford
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission struck conditions 1.2.4 and 1.3.9.
ii. The Commission amended DA provision B to allow the existing homes to connect to city
services within 18 months of annexation approval.
d. Outstanding Issue(s) for City Council:
i. The applicant is seeking a waiver for access to Linder Road. ACRD staff is
recommending approval of the access to their Commission.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12-
009 and PP-12-008, as presented in the staff report for the hearing date of November 7, 2012, with the
following modifications: (Add any proposed modifications).
Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 1
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-009
and PP-12-008, as presented during the hearing on November 7, 2012, for the following reasons:
(You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-12-009 and PP-12-008 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 on the west side of N. Linder Road midway between W. Chinden Boulevard &
W. McMillan Road, in Section 26, Township 4 North, Range 1 West. (Parcel #'s: 50426417201
& 50426417225)
B. Owner(s):
Arete Investment Group, LLC
2151 W. Teano Drive
Meridian, Idaho 83646
C. Applicant:
Same as owner
D. Representative:
Ross Erickson, Erickson Civil, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and preliminary plat. A public hearing is required before
the Planning & Zoning Commission and City Council on this matter, consistent with Meridian
City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 17, and October 1, 2012
C. Notices mailed to subject property owners on: September 27, 2012
D. Applicant posted notice on site(s) on: September 23, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: Each parcel is developed with a single family detached home
which will be part of the proposed subdivision. Both parcels are zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Lochsa Falls Subdivision; zoned R-4
2. West: Lochsa Falls Subdivision; zoned R-4
3. South: Lochsa Falls Subdivision; zoned R-4
4. East: Rocky Mountain High School; zoned R-8
C. History of Previous Actions:
Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 2
• In 2008, the Council approved the following applications for one of the parcels requesting
annexation and platting:
1. Annexation of 3 acres from RUT to the R-15 zone;
2. Preliminary Plat consisting of 1 residential lot and 1 common lot and;
3. Conditional use permit for 21 multi-family dwelling units.
As a condition of approval, the previous developer was to enter into a development agreement to
finalize the zoning of the property. Because the DA was never signed and the property never
officially annexed into the City, the previous approvals have expired.
D. Utilities:
1. Public Works:
a. Location of sewer: W Cedar Grove St.
b. Location of water: W Cedar Grove St and two connections to N Linder Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" (MDR) on the Comprehensive Plan Future
Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within
City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The
proposed project includes 31 residential lots units on 4.95 acres for a gross density of 6.26 dwelling
units/acre and thus consistent with the anticipated density of the Comprehensive Plan for this area.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
• Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54)
The proposed residential development will provide housing opportunities in close proximity
to the new Fred Meyer shopping center at Chinden & Linder.
• Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.
Street buffer landscaping is required adjacent to the arterial street (Linder) proposed within
this development in accord with the standards listed in UDC 11-3B-7C. However, the
applicant is requesting alternative compliance to reduce a portion of the landscape buffer
adjacent to Linder Road to incorporate the existing residences as part of the design. The
UDC allows a reduction in the landscape buffer up to 10% of the lot depth if existing
structures prohibit conformance with the required landscape buffer. The director is the
decision maker on the alternative compliance application.
The subject site has existing 6 foot cedar fencing along the southern, western and northern
boundaries. The applicant is proposing to construct 6 foot solid fencing along the eastern
boundary. Fencing shall comply with the standards listed in UDC 11-3A-7. Prior to any
Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 3
building permits the proposed fencing and temporary fencing must be installed to contain
debris.
• Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter3, pg. 48)
The residential subdivision to the west has provided a stub street that provides vehicular
connectivity. The applicant will be constructing an internal street network to provide access
to the majority of the proposed lots. The applicant is requesting an access point to Linder
Road (an arterial) to provide access to the two existing homes and one future home via a
common driveway. The proposed access to Linder Road is predicated on the applicant
obtaining approval from ACHD and City Council.
• Require common areas for all subdivisions (Chapter 3, pg. 54)
The applicant is required to provide a landscape buffer adjacent to Linder Road in accord
with UDC 11-3B-7C. No other open space is required by the UDC because the plat is less
than S acres in size. To complement the existing subdivision to the west, the applicant is
proposing to construct 4 foot detached sidewalks and provide 5 foot wide parkways.
Additionally, the applicant is proposing a 3, OSS square foot common lot to complement the
entryway into the subdivision from W. Cedar Grove Street.
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, pg. 52).
The subject property is surrounded by single family homes developed with the Lochsa Falls
Subdivision, zoned R-4.Although the lot sizes and density is slightly higher than the
surrounding Lochsa Falls development, the proposed subdivision complies with the density
requirements established with the MDR designation and the proposed R-8 zoning
designation. Further, all homes constructed within the subdivision will be single family
detached homes.
• 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. The existing homes will be
required to connect to City services.
• Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management, and frontage/backage roads. (Chapter 3, pg.
47)
Currently the property has three access points to Linder Road. The applicant is requesting to
retain one access point to Linder Road. The access is needed to accommodate the existing
homes within the plat design. To facilitate access, the applicant is proposing a common
driveway that parallels the roadway to aid in the safe movement of vehicles entering Linder
Road. ACHD supports the applicant's request. The applicant is seeking Council waiver for
the proposed access point.
After considering all of these factors staff believes that the proposed development is generally
consistent with comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, 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
Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 4
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principally permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-6 for the R-8 zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation & Zoning
The applicant has applied to annex and zone 5.67 acres (two parcels) of land with an R-8 zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the FLUM
designation of MDR.
Preliminary Plat
The applicant is requesting preliminary plat approval of 31 residential lots and Scommon lots on
4.95 acres of land. Average lot size is 5,321 square feet. The gross density for the proposed plat is
6.26 units to the acre.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.6 for the R-8 district. A majority of the lots
with take access from a common driveway or a shared driveway. The use of shared driveways
and common driveways allows a minimum frontage of 40 feet and a minimum lot size of 4,000
square feet. All of the lot sizes comply with the dimensional standards except for Lot 36, Block 1.
The UDC requires all corner properties to have a minimum lot size of 5,000 square feet. The
applicant must increase the lot size to comply with the R-8 dimensional standards.
Access: W. Cedar Grove Street is stubbed at the western boundary and will be extended with the
plat as well as the construction of a new public street (N. Cougar Flat Place). Majority of the
proposed lots will take access from the new street. Keeping the existing homes as part of the
project has necessitated the need to maintain an access to Linder Road. The applicant is
requesting Council to allow one driveway from Linder Road to serve as access for the two
existing homes and one additional lot being platted. The existing homes already take access from
Linder Road thus, the proposal reduces two out of the three accesses. The three residential lots
will have the use of a common driveway to ensure vehicles are not backing out on Linder Road.
ACRD has informed staff they are recommending a waiver to their commission on the proposed
access. The UDC requires the City Council grant a waiver for the access to Linder Road.
Phasing Plan: The applicant is proposing to develop the subdivision in three phases. The first
phase includes the three lots that front on Linder Road. The existing homes on Lot 16 and Lot 25,
Block 1 are part of this phase and are required to connect to City Services within 60 days of the
date of the annexation ordinance approval by City Council in accord with MCC 9-1-4A.
The second phase will include the development of 17 buildable lots and the third will develop
with the remaining 11 buildable lots.
Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 5
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. Since two
homes (Lot 16 and 25, Block 1) are to remain as part of the project, strict conformance to the
required buffer width is not feasible. The applicant is requesting alternative compliance to reduce
the buffer width from 25 feet to 10 feet abutting Lots 16, 18 and 25, Block 1. The reduced buffer
will contain a total of eleven (11) trees; four (4) more than required by the UDC. In addition, the
applicant is providing 5-foot wide parkways (UDC requires a minimum of 6-foot wide parkways)
along E. Cedar Grove Street and a 3,055 square foot common lot on the north side of the road to
1) provide a highlighted entryway into the subdivision and 2) off-set the loss of landscaping along
Linder Road. The applicant is also proposing to retain several mature trees within the 10-foot
wide landscape buffer. Staff supports the alternative compliance as requested by the applicant.
Because the plat is less than 5 acres in size, the UDC does not require a specific amount of open
space to be provided. Open space being proposed within the plat is 7.37%.
Non-Conforming Structures: As mentioned earlier, two existing homes (Lot 25 and Lot 16,
Block 1) are to remain as part of the subdivision. Given the proximity of the homes adjacent to
Linder Road, it is impossible for the structures to comply with the 25-foot street setback thus
homes will be classified as non-conforming. The structures will comply with the side yard and
rear setbacks. The UDC allows the existence ofnon-conforming structures provided any
additions or modifications comply with the dimensional standards of the R-8 zone.
Elevations: The applicant has submitted sample elevations to depict the style of homes planned
for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding,
cedar shake siding, and board and batten siding) decorative shutters, decorative corbels and stone
wainscot. The design features staff supports is the substantial pillars, covered porches and mix of
gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will
complement the existing homes in the area and demonstrate high quality materials. A
recommended DA provision requires compliance with the submitted building elevations.
In summary, Staff recommends approval of the proposed annexation, preliminary plat and
alternative compliance request for this site with the recommended conditions listed in Exhibit B
of this report in accord with the findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 8/24/12)
3. Proposed Landscape Plan (dated: 8/24/12)
4. Proposed Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation
D. Required Findings from Unified Development Code
Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 6
A. Drawings
1. Vicinity Map
L;xhibit A Pagc 1
2. Proposed Preliminary Plat (dated: S~-2 REVISED 10/01/12)
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4. Proposed Building Elevations for Residential Homes
Exhibit A Page 4
EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the properly owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed
by the property owner and returned to the city within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
A. The applicant shall comply with the submitted elevations attached in Exhibit A.4.
B. Within s 18 months of the date of the annexation ordinance approval by City Council,
the applicant is required to hook up the existing homes on Lot 16 and Lot 25, Block 1 to City
water and sewer service, per MCC 9-1-4A.
C. The existing residential homes on proposed Lot 16 and Lot 25, Block 1 located within the first
development phase are classified as non-conforming structures because they do not comply with
the street setback of the R-8 zoning district. As such, these structures may continue subject to the
provisions listed in UDC 11-1B-5 Nonconforming Structure.
D. The applicant shall obtain approval from ACRD and City Council on the proposed access
point to Linder Road. If the access point is approved, the three (3) proposed lots shall take access
from the common driveway as proposed.
1.2 Site Specific Conditions of Approval
1.2.1 Per UDC 11-SB-SB2, the Director (at the applicant's request) approved the alternative compliance
regarding the 10-foot wide landscape buffer adjacent to lots 16, 18 and Lot 25, Block 1.
1.2.2 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7.
1.2.3 All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved 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 ingress/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. Graphically depict the common driveway easements for each
applicable lot on the face of the plat.
r- - - ~z° -- - - ---------- --- --- ----
1.2.5 Shared driveways shall be provided as depicted on the submitted preliminary plat dated 08/24/12.
1.2.6 The applicant shall provide a minimum of 7.37% (15,892) open space as proposed.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
11-2-A-6.
1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets unless waived by Council.
Exhibit B Page 1
1.3.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
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 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C and in accord with the approved alternative compliance.
1.3.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, shared driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.3.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.3.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.4 Ongoing Conditions of Approval
1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.4.2 All common open space shall be maintained by an owner's association as set forth in UDC 11-
3G-3F1.
1.4.3 The project is subject to all current City of Meridian ordinances.
1.4.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.4.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.5 Process Conditions of Approval
1.5.1 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.
1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
Exhibit B Page 2
1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.5.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.5.5 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.
1.5.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is available via extension of mains in W Cedar Grove
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is available via extension of mains in W Cedar Grove St and two
connections to N Linder Road. The applicant shall be responsible to install two water connections
due to fire flow requirements. The applicant shall be responsible to install water mains to and
through this development, coordinate main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 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.
Exhibit B Page 3
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.
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
Exhibit B Page 4
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 years. 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.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. FIRE DEPARTMENT
4.1 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.3 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.4 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.
4.5 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Extend Cedar Grove Street into the site as a 33-foot street section with rolled curb, gutter, and 5-
foot wide attached concrete sidewalks within 45 feet ofright-of--way. Provide the District with
written fire department approval for the reduced street section width prior to plan approval.
7.1.2 Construct the northern and southern termination points of Cougar Flat Place as alternative snoopy
turnarounds.
7.1.3 Construct Cougar Flat Place as a 29-foot street section with rolled curb, gutter, and 5-foot wide
sidewalks within 42 feet ofright-of--way. Provide the District with written fire department
approval for the reduced street section width prior to plan approval. Provide a permanent
sidewalk easement for the sidewalk located outside of the right-of--way. The easement shall
Exhibit B Page 5
encompass the entire area between the right-of--way line and 2 feet behind the back edge of the
sidewalk. Install no parking signs on one side of Cougar Flat Place.
7.1.4 Close the two existing curb cuts on Linder Road serving occupied homes located approximately
860 feet and 330 feet north of Divide Creek Street. Replace these existing curb cuts with vertical
curb, gutter, and sidewalk to match the existing improvements along Linder Road.
7.1.5 Retain the existing approach on Linder Road located 605 feet north of Divide Creek Street as a
shared driveway that will serve the existing homes along Linder Road. The proposed shared
driveway will be a temporary full access driveway until increased traffic conditions dictate the
installation of a median along Linder Road. Once a median is installed, the driveway will be a
right-in, right-out access only.
7.1.6 Other than the access specifically approved with this application, direct lot access is prohibited to
Linder Road and should be noted on the final plat.
7.1.7 Enter into a license agreement for all landscaping proposed within ACRD right-of--way or
easement areas.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7.1.9 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 ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County 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
Exhibit B Page 6
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B Page 7
C. Legal Description & Exhibit Map for Annexation
1 ~11'L.crtinPir~n
Vllt~S ~ I.AiClt~t F2t~ • Ntxte7ce~tioirt
A parcel krcated in NE Y+ of the SE Y. of Saotion 28, Townsh~ 4 hlorth, Rarge t bleat, Boke
Meridian, Ada Cauray~ khho, and mans ~ dsscrlbed as follows:
Gomrnencinp at a 5J8 inch diameter iron pin marking tike nordxeat oomer of the ~ Y. of ssid
Section 28, from which a brans ~p monurnsnt markirtp the ao~rd~eaat comer d Laid SE Y. bssnt
5 0"24'42" W a distance of 283T,57 feat;
Thexuee & 0°24'42" W abrp the eestery boundary of said SE 3S a dlstarws d 250.Ot) feet to the
PC1iNT OF tlI~QINNINt3;
Thence corrdnuinp S 0°24'42" W along said lasbrly boundary a distance of 700.54 feet to a
point;
Thence leaving said eaateriy boundary N 6iI'35'16" W sdanp ~ norttrerly boundary of locdsa
Faik Subdivision No. 3 as shown kn Book 86 of Ptrrb on Pale 9747, records of Ada County,
Idaha a distance of 352.71 fast to a 5f8 inch diart~ster iron pin;
Thence ktavir~p saki northerly boundary N 0'24'42' E along that ~~'hl boundary M said
t.ochaa Faits Subdivision No. 3 And eta easterly bauedary of Lochsa Fans taubd6visi0rt No. 1 s,
slMOVm in Book 66 of Plats on Pips 9728, records of Ada County, Idadtio, a distance of 700.50
lest W s Sr9 lnori diam~r irgn pin;
Thence ktavag send aasteriy bounder) S 69'35'1$" E akmp the south~srly boundary of said
lochsa FaNa 8ubdiviaicn No.1 a distuu~s d 352,71 feet to the POINT OF BEGgNMNNG;
This parcel oorxains 5.87 aorls_
CNnton W. Hansen, Pl3
land Solutions, PG
August 22, 2012
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Exhibit C Page 1
VFLI.AS AT' LOCHSA FA,~LS A(V[VEXATIC3N
~'~ Land ~~9 and Consuftv~g
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MEflID1AN PlIBIIC
VVC)Ft9CS DEPT.
Exhibit C Page 2
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex a portion of the subject property from RUT in Ada
County to the R-8 zoning district. The Commission finds that the proposed map amendment
is generally consistent with the medium density residential land use designation for this site
Therefore, the Commission finds the amendment is consistent with the applicable provisions
of the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the R-8 zoning district and
proposed single-family residential development of the property is generally consistent with
the purpose statement of the residential and district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
Staff recommends that the Council consider any oral or written testimony that may be
provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Commission finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The Commission finds annexing this property with an R-8 zoning district is in the best
interest of the City.
2. 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 Commission finds that the proposed plat generally complies with the comprehensive
plan and is consistent with the UDC. The Commission finds the proposed plat comports
to the dimensional standards of the R-8 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
Exhibit D Page 1
accommodate the proposed development;
The Commission 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 Commission 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, ACHD, 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's attention.
ACHD considers road safety issues in their analysis. Staff recommends that the 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 Commission is unaware of any natural, scenic or historic features on this site.
Therefore, the Commission 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 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.
3. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
Due to the inclusion of the two (2) existing homes into the plat design, strict adherence is
not feasible to construct a 25-foot wide landscape buffer.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The applicant's proposal to provide a 3,055 square foot common lot, parkways along W.
Cedar Grove Street and the inclusion of four (4) additional trees in the ten-foot buffer
provides an equal means for meeting the requirements. Additionally, the applicant is
preserving several (4) mature trees in the buffer. Thus, the director finds the proposed
alternative meets the intent of the landscape ordinance.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Exhibit D Page 2
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties. The applicant's proposal provides
a buffer width greater than 10% of the lot depth and preserves several mature trees on the
site.
Exhibit D Page 3