Zebulon Village PP-12-009CITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW .~-
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Preliminary Plat Consisting of Forty (40) Building Lots & Seven
(7) Common/Other Lots on 14.94 Acres of Land in an R-4 Zoning District for Zebulon Village
Subdivision, Generally Located'/4 Mile West of N. Eagle Road and South of E. McMillan Road, by
The Traditions by Amyx II, LLP.
Case No(s). PP-12-009
For the City Council Hearing Date of: November 7, 2012 (Findings on November 20, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 7,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 7, 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-12-009
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 7, 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 is hereby approved per the conditions of approval
in the attached Staff Report for the hearing date of November 7, 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).
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-009
-2-
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 November 7, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-009
-3-
By action of the City Council at its regular meeting held on the
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
2~~ day of ~
VOTED
VOTED__ t~
VOTED `~~
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
B ~ Dated: ~ 1 0(.1
Y~
Ci ler s ~ ce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-009
-4-
EXHIBIT A
STAFF REPORT Hearing Date: November 7, 2012
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City
Planner
208-884-5533
SUBJECT: PP-12-009 -Zebulon Village
E IDIAN~--
IDAHO
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, The Traditions by Amyx II, LLP, has applied for a preliminary plat (PP) consisting of
40 building lots and 7 common area/other lots on 14.94 acres of land in an R-4 zoning district for
Zebulon Village. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP application 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 this item on October 4, 2012. At the
public hearing, the Commission moved to recommend approval of the subiect PP request.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. Strike condition #1.1.3d that requires landscaping along all pathways. There are water &
sewer lines running through Lot 9, Block 2 where the only pathway on this site is located;
trees aren't allowed within water & sewer easements.
d. Outstanding Issue(s) for City Council:
i. Staff recommends instead of striking condition #1.1.3d as the Commission
recommended, the applicant relocate the required trees elsewhere within the site outside
of any easements; other landscaping is still required in the common lot adiacent to the
pathway.
ii. The applicant requests a waiver to UDC 11-3A-6, which requires piping of the Settler's
Canal, to allow the canal to remain open due to its large capacity (conditions #1.2.4 &
~.. , ummarv of Citv Council Public Hearinu:
L In favor: Becky McKay
ii. In opposition: None
jij. Commenting: None
jy. Written testimony: Bec McKay
Zebulon Village PP-012-009 PAGE 1
EXHIBIT A
y, , taff presen ting annlication: Sonya Watters
Y1. Other staff c ommenting on annlication: None
~ Key Issues of Di scussion by Council:
'
~ Fencing alo ng the Settler
s Canal:
ii. Relocation o f the required trees in Lot 9, Bloc k 2:
'
iii. Waiver to n ine the Settler
s Canal.
~, Key Council Ch anges to Commission Recommend ation
i. Modify~A _nrovision #1 1 3 c to allow Chan ticleer Pear trees. which are a Class I
tree, to be p
ii. Modi #1.1 lanted within 8-foot wide parkwaV
.3d to require the trees that are re ~,
auired in Lot 9. Block 2 to be planted
elsewhere w ithin the site.
'
iii. Council an
n roved a waiver to LTDC 11-3A-6 s Canal to remain
to allow the Settler
_
oven and no t be piped due to its lame capacity .
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-12-
009, as presented in the staff report for the hearing date of November 7, 2012, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move deny File Number PP-12-009, 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 PP-12-009 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 approximately'/4 mile west of N. Eagle Road and south of E. McMillan Road,
in the NE'/4 of Section 32, Township 4 North, Range 1 East. (Parcel #'s: 50532132340 &
50532121213)
B. Owner(s):
The Traditions by Amyx II, LLP
13967 W. Wainwright Drive, Suite 102
Boise, Idaho 83713
C. Applicant:
Same as owner
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Suite 100
Meridian, Idaho 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
Zebulon Village PP-012-009 PAGE 2
EXHIBIT A
V. PROCESS FACTS
A. The subject application is for a preliminary plat. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: September 17, and October 1, 2012(Commission)i
October 15, and 29, 2012 (Gifu Council)
C. Notices mailed to subject property owners on: September 10, 2012 (Commission); October 12,
2012 (City Council)
D. Applicant posted notice on site(s) on: September 23 and 24, 2012 (Commission); October 19,
2012 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant land zoned R-4.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Church, zoned RUT in Ada County
2. East: Existing & future single-family residential properties, zoned Rl-B in Boise & R-8
3. South: Single-family residential properties, zoned R-4
4. West: Single-family residential properties, zoned R-4
C. History of Previous Actions:
This site was annexed (AZ-OS-006) as part of Zebulon Heights subdivision and zoned R-4. A
development agreement (Instrument No. 106111627) was approved as a provision of
annexation. A preliminary plat (PP-OS-008) was approved that included the subject property.
A conditional use permit for a planned development (CUP-OS-019) was approved with
reductions to the minimum street frontage (50 feet on non cul-de-sac lots), increased block
length (for Block 7) and a reduction in density to less than 3 dwelling units per acre.
D. Utilities:
1. Public Works:
a. Location of sewer: N Camas Creek Way
b. Location of water: N Camas Creek Way, E Wainwright Dr, N Rogue River Ave.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There North Slough canal runs through this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain or floodway.
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.
Density bonuses may be considered with the provision of public amenities such as open space,
Zebulon Village PP-012-009 PAGE 3
EXHIBIT A
pathways, or land dedicated for public services.
This site is currently zoned R-4. The applicant proposes to develop the site with 40 single-family
homes at a gross density of 2.68 (net density of 3.27) dwelling units per acre, slightly under the target
density of the MDR designation.
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):
• "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities."
The proposed preliminary plat is for a low density single family residential development
(2.68 dwelling units per acre), which should add to the variety of housing opportunities
available in the City.
• "Provide housing options close to employment and shopping centers."
The proposed residential development will provide housing opportunities in close proximity
to the commercial corridor along Eagle Road for employment & shopping.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc."
All common area and pathway landscaping is required to comply with the standards listed in
UDC 11-3B and 11-3G-3. Separate permits shall be obtained for signage and fencing.
Fencing shall comply with the standards listed in UDC 11-3A-7.
• "Require usable open space to be incorporated into new residential subdivision plats."
The applicant proposes to provide 1.77 acres (or 11.8% of the site) of common open space
within the subdivision, consistent with the minimum open space requirements listed in UDC
I1-3G-3.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels."
The site abuts existing residences in the Madison Park subdivision and future residences in
Zebulon Heights subdivision. Because the existing, future and proposed uses are all single-
family residential, the proposed development should be compatible.
• "Permit new development where urban services can be reasonably provided at the time of
final approval and development is continuous to the City."
Water and sewer services are available to be extended to the subject property upon
development. Police and fire protection are already provided as the property is within the
existing City limits.
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
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-4 zoning district. Any use not
Zebulon Village PP-012-009 PAGE 4
EXHIBIT A
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family dwellings is a principal permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the
standards listed in UDC Table 11-2A-6 for the R-4 zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
lX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
A preliminary plat is proposed that consists of 40 building lots and 7 common other lots on 14.94
acres of land in the R-4 zoning district for Zebulon Village subdivision.
The proposed gross density is 2.68 dwelling units per acre, consistent with the R-4 standards but
below the minimum density of the MDR land use designation. However, the proposed density is
consistent with the reduced density approved with the PD.
The minimum lot size proposed is 8,136 square feet (s.f.) with the average lot size being 11,388
s.f. Minimum living area of proposed dwelling units is 1,400 square feet (s.f.).
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.5 for the R-4 district and the above noted
reduced standards. The minimum property size, living area, and street frontages proposed meet
the minimum standards of the R-4 district.
The length of Block 2 exceeds the maximum length of 750 feet for blocks without an intersecting
street or alley. However, where block design is constrained by a large waterway, as is the case
here, the UDC (11-6C-3F.d) states Council may approve a pedestrian connection in lieu of a
connecting street or alley at the time of preliminary plat and/or final plat approval. A pedestrian
connection is proposed across Settler's canal to the north.
Access: Access to the portion of the site that is south of the Settler's canal is proposed internally
via previous phases of Zebulon Heights subdivision. The area north of the canal will be accessed
via an existing stub street, W. Rochester Drive, in Madison Park subdivision at the east boundary
of the site.
A pedestrian bridge is proposed over the Settler's canal for interconnectivity and provides a
pedestrian access for the properties north of the canal to the amenities in Zebulon Heights
subdivision.
Multi-Use Pathway: This site is not designated on the Master Pathways Plan for amulti-use
pathway.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
Because there are no collector or arterial streets within this site, no landscape street buffers are
required.
At a minimum, common open space areas are required to include one deciduous shade tree per
8,000 square feet and lawn, either seed or sod per UDC 11-3G-3E. Landscaping is not shown on
Common lot 25, Block 2. The landscape plan should be revised accordingly.
Zebulon Village PP-012-009 PAGE 5
EXHIBIT A
Landscape strips along pathways are required to have a minimum of 1 tree per 1001inear feet of
pathway along with a mix of shrubs, lawn or other vegetative groundcover, per UDC 11-3B-12C.
The landscape plan should be revised accordingly.
The pathway through Lot 9, Block 2 is required to be illuminated with afour-foot tall bollard
style or other appropriate lighting source as set forth in UDC 11-3A-8H. Such lighting shall be
shielded from adjoining residences. The landscape plan should be revised accordingly.
Trees proposed within the 8-foot wide parkways are shown to be Class I trees. Class II trees are
only allowed in 8-foot wide parkways. If Class I trees are desired, the parkways must be widened
to 10-feet. Otherwise, the landscape plan should be revised to reflect Class II trees within
parkways as required by UDC 11-3A-17E.
The UDC (11-3B-SD) requires a minimum of five (5) different species of trees to be provided
when more than fifty (50) trees are proposed on the site. The calculations table on the landscape
plan shows 59 trees to be provided on the site & only 4 different species of trees. Add one
additional tree species to comply with this requirement.
Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open
space in accord with UDC 11-3G-3A; qualified open space is defined in UDC 11-3G-3B. The site
consists of 14.94 acres; therefore, a minimum of 1.49 acres of qualified open space is required to
be provided. The application states there is 1.77 acres of open space proposed with this plat
(11.8% of the site), which is slightly over the required amount by 0.28 of an acre.
In accord with UDC 11-3G-3A.2, a minimum of one site amenity is required to be provided with
this development as defined in UDC 11-3G-3C. The applicant proposes an extra 5% of open
space and parkways along the residential streets south of the Settler's canal as site amenities in
compliance with this requirement.
In summary, Staff recommends approval of the proposed preliminary plat 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: 8/27/12)
3. Proposed Landscape Plan (dated: 3/23/12)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Zebulon Village PP-012-009 PAGE 6
EXHIBIT A
A. Drawings
1. Vicinity Map
Exhibit A Page 1
EXHIBIT A
2. Proposed Preliminary Plat (dated: 8/27/12)
,~
tS Ire . ~ ~ ~ .,, 4 Y
~.. ~ II ` 2[oWw ~.abirs wa: a t,. b '».. ~ J l - I L 't ~+
~ ~ ~ ~ ~ . . d .,......«., ..., ,. ,~ .. a»T.
~_ r _ _
- -.
_; ,rwex sneer w ~-a ..r
~' ~~~ _~r, . _ ~ '
a _
... of , a ~ r--2~ x ~ d
R • _
_ ~ ~
~ ..~ `~
~' ~ r r ~~ . ~,.y ~~ E y p~td` i'~~ a. ' « ~ ~ ~~~
V ~~ ~ ~ '\ ~~ t`a ~ a - ~ ,. •• n /• ~ 9CGrl°N -'LO'11110MT-°i-'AMT
11
- f ~ y. ~~ ~ j~ `
* ~~
... ~,.~ ~ a S ~ i ~ ~,~ ~ \~ ~y~ f ~v CWK MrM
~, a~~ i
~ , ~,,,, s,w °ti'w ~'' " ~~~,
t, d
i * _
\ a~~ ~ ~ i/Yl}y~ • h _ _ _ ... t/E MTV ~i
&5 `
r i ,,,° t~-~~
~ ~
4'.
..
'~ft )~~/ .v~ /~`/~~`a`~,~.p ~'~ isS •. ~~~i~~t ~y IIiMYMf /{/l MID1 M F iq
[t J ~! 'f <q t~~ ~fnt °x~ 6,II L.~.,,7NkZ ~ a'. `i
° ,~ _. d ~ ~~e /.. 'r.1. ~r (~ _ ~ ._. °.ae,_,.....,.~awaac Lf~J?"Yk. ~i ~ $~
\.-... ` ~tJ~ d
..~.~. - ...~a:~:.d~->,;. -x. , ...IIk,ar, ' r,w,,.,(,~.,y.,~es .7`L~gf~s~ ~"a"" .M. ~`~ .., m ~ ~~~f
~ JMSVxyc AGR[i MV#WYr 9~°N ,I Nyryw~wTRO v ~ .
Exhibit A Page 1
EXHIBIT A
3. Proposed Landscape Plan (dated: 3/23/12)
.`
V/ ` 1jfl
^'.::.
,t
l
g f ~.~~y~ .....mott .~ .~
-.~~....~~-•- -...~-'- t.~.......~.~- ....n ~.
!.S,/ ~/ )
1, . ~ 1 ~.
K ~G£ \,~ ~: f ;:
B r ~
f "
~ ,.,
' P~
•
r1; ~-
I.
> .ate ~l / ~.
~_ 1
'
i ,=
1 ~, i
~.:
.~`f .orro tiv~y
,
[ ~ ~~`
~, ~ ~
•. ;
. ; ~ ~ 1
~,
..-w _.~ j
~ e '~
~ J ~'J
~ ~~ ~~~~
,,~
r
-;~ 1
~~ ~~
wware+oe~
i Y11111YIMfnIdfl{roM~IIl~roM1MM~tMOYR
uos~auouataws~stsa
R ILLYY~YI!lWLYtlBf41A^~RYQ M511 W!
w,mwan uwnn~wamrMCi.
• iwertumnpc nrsuan~srwrotmrox
1111f6Y1YL110f iNM®~ITM nFfooPr a~eo
no srow ur rwe, nvaaq n ~autm
sa rrcwat ~anotcti~wotrarori
mverw~n+ww nr awan+cm~ rin wu,aru+
o newwrt waacwai
t ~~~~~~~~~~
A11i4f NY1l1~901 YUOyI~O1UlM6Q
S~IY~SPRtf qfi NlYgMM1'YMU.l IOb.IW wI1MM1
ams+eroea.ae~nr.
i YtMW ItIM/H.91l011NIYa1L IF W01Ytl1011
wuw r~ cow ro wR assn ^v~+rws is
wwrar¢ o~w.eurom rna a ane~ rm
wrxunmwns,r+c
a u+osr~w ~uwfrerwarawmrnaaanrmK
.^. a uvaae of ..e. m. rw.~. +o.
m~vaowr mrnr+eoo~a.,.r~
e~swi r a;roro rm~m~nanrwcro
umna westrurvoww~o.eewro~ns
tertsrm~nun u+i
r~~ -~
'~ .. _ ~
Exhibit A Page 2
EXHIBIT A
f'
1 ,
~ • .\
~ ~ Y •`
V
~,` ` l`
~_~
.~.
h
~.
~....a.~...~,...
~~~~.
1 MYM10l61Y4Ml0~lIl MY`~IIY
~ rino~w ~ ~a°~nouna
s~•..ea wo ~ nouc~o.rw ~rs.u.
a~e.~ao~~iaas ns~Wm
c ~o~ aNr~rmeeomrr.ew+w.ma.
riwrcvcr nm1wnarsn
weuwaerwr
mia ~u~ioi~a ~nnw
c .c~~riur. ueor~ararrtpsrxa~
IO~OY MOn0116 ClflliYiliDiptlb I0l
MIflYOiGpyytlWf/f llitlli lY p
IWJW YR41tgU(K
L IYSYYi~IM1®YIOOY 11a~RA1131MY~6
l WY~fMFPrUM@1~SMb0AYfMl000Y00x
FK.lY41G1>Ytll the W~KlO~
faMlIDMY Obi 9tlY>W40~blIOR
M16MYl1EyJ NY'0~UW9 WitlIKIO
MUM. 1W[WI~Ot~f 11MIICrM1Id WIM
/Il1~1{iYalM1ta4
... H.a
°"~
~~;.
Exhibit A Page 3
EXHIBIT A
B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. Fencing adjacent to
pathways and interior common open space areas shall not exceed four (4) feet in height if closed
vision fencing is used or six (6) feet in height if open vision fencing is used.
1.1.2 The applicant shall provide a minimum of 1.77 acres of common open space along with parkways
along the residential streets as shown on the plat and landscape plan attached in Exhibit A.
1.1.3 The applicant shall revise the landscape plan, dated 3/23/12, prepared by Jensen Belts Associates,
labeled as Sheets L1 & L2 as follows:
a. The pathway through the internal common area on Lot 9, Block 2 shall be illuminated with a
four-foot tall bollard style or other appropriate lighting source as set forth in UDC 11-3A-8H,
unless waived by the Director. Such lighting shall be shielded from adjoining residences.
b. The UDC (11-3B-SD) requires a minimum of five (5) different species of trees to be provided
when more than fifty (50) trees are proposed on the site; add one additional tree species to
comply with this requirement.
C. Tl.e 7 rr~r i t t ~ n t ~~ -e e., t n ~ ,.+ ..:,te „,,..t,.=,.,..~ ..,l,o„ r~t.,~~ r troe a ..t.,..+oa ~:N,o..
t,,, a ~t,o ,..e ., ~,. +t,,.* „F., rt,. ~ r> ~.. .:,to., ~t,o ,.>r., r ~,. +e~ i t m ~ „~ .,.
. Chanticleer Pear LP,yrus Callervana `Glen's Form', Class I)
trees are deemed to be compatible with Class II trees as a species allowed to be planted
within 8' wide parkways.
d. The UDC (11-3B-12C) requires landscaping along all pathways. A minimum of one (1) tree
per one hundred (100) linear feet of pathway along with a mix of shrubs, lawn, and /or other
vegetative ground cover is required. -a A minimum of two (2) trees are required along
the pathway on Lot 9, Block 2. Because Lot 9. Block 2 contains sewer and water main lines
that cross the Settlers Canal the required trees shall be planted elsewhere within the site
outside of any easements.
e. Include landscaping on Lot 25, Block 2 in accord with the standards listed in UDC 11-3B and
11-3G-3E.
1.1.4 Include a note on the final plat(s) calling out which lots are common lots along with who will be
responsible for the maintenance of such lots.
1.1.5 A pedestrian bridge is required to be constructed over the canal as shown on the plat & landscape
plan.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
11-2A-5 unless otherwise approved by CUP-OS-019.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6. The Council approved a waiver to UDC 11-3A-6 to allow the Settler's
Canal to remain open and not be pipe due to its large capacity.
-2-
EXHIBIT A
1.2.5 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.
1.2.6 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3 B-6 and MCC 9-1-28.
1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.10 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.13 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.14 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.16 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 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.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F 1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ-OS-006; CUP-OS-019; Development Agreement Inst. No.
106111627).
1.3.4 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.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 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.
-3-
EXHIBIT A
1.4 Process Conditions of Approval
1.4.1 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.
1.4.2 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.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 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.
1.4.5 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.
1.4.6 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 N Camas Creek
Way. 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 N Camas Creek Way, E
Wainwright Dr and N Rogue River Ave. 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
-4-
EXHIBIT A
(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. The Council approved a
waiver to UDC 11-3A-6 to allow the Settler's Canal to remain open and not be pipe due to its
large capacity.
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.
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 ACHD. 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.
-5-
EXHIBIT A
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 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 The Fire Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct Goldbrook Avenue, Linwood Way, and Rogue River Avenue as 36-foot street
sections (back of curb to back of curb), with rolled curb, gutter, 8-foot planter strips, and
5-foot wide detached concrete sidewalk, as proposed.
7.1.2 Provide a permanent right-of--way easement for sidewalk located outside of the right-of-
way, to encompass the entire area between the right-of--way line and 2-feet behind the
back edge of the sidewalk.
7.1.3 Construct Rochester Court and Goldbrook Place as 36-foot street sections (back of curb
to back of curb), with rolled curb, gutter, and 5-foot attached sidewalk.
7.1.4 Rochester Court and Goldbrook Place should be constructed to provide a minimum
turning radius of 45-feet.
7.1.5 Install a sign at the terminus of the stub street (Rogue River Avenue) stating, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
-6-
EXHIBIT A
7.1.6 Payment of impacts fees are due prior to issuance of a building permit.
7.1.7 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD
right-of--way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update
any existing non-compliant pedestrian improvements abutting the site to meet
current Americans with Disabilities Act (ADA) requirements. The applicant's
engineer should provide documentation of ADA compliance to District
Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is
required for all landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures
and all applicable ACHD Standards unless specifically waived herein. An engineer
registered in the State of Idaho shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all
applicable requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative
and an authorized representative of ACHD. The burden shall be upon the applicant
to obtain written confirmation of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will
review the site plan and may require additional improvements to the transportation
system at that time. Any change in the planned use of the property which is the
-~-
EXHIBIT A
subject of this application, shall require the applicant to comply with ACHD Policy
and Standard Conditions of Approval in place at that time unless awaiver/variance
of the requirements or other legal relief is granted by the ACRD Commission.
-s-
EXHIBIT A
C. Required Findings from Unified Development Code
Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based on the comments provided from public service providers (i.e., Police, Fire, ACRD,
etc.), the City Council finds there is public financial capability of supporting services for
the proposed development (see Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council is not aware of any
associated with the platting of this property.
analysis.
health, safety, or environmental problems
ACRD considers road safety issues in their
-9-