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Scentsy Commons PP-012-012CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN ~J In the Matter of the Request for Preliminary Plat Consisting of 7 Building Lots on 60.73 Acres of Land for Scentsy Commons Subdivision, Located at 2701 E. Pine Avenue and 3001 E. Commercial Street, by Sam Johnson. Case No(s). PP-12-012 For the City Council Hearing Date of: December 4, 2012 (Findings on December 18, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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-12-012 -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 December 4, 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 conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 4, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-12-012 -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 4, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-12-012 -3- By action of the City Council at its regular meeting held on the { t~ day of 2012. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVIDZAREMBA VOTED ~C.?~-' COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, The Planning Deparhnent, Public Works Department and City Attorney. i e Dated: I ~ ~ ~ ~ ~ `~~ ity le k's Ice CITY OF MERIDLIN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-12-012 -4- EXHIBIT A STAFF REPORT Hearing Date: December 4, 2012 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: PP-12-012 -Scentsy Commons E IDIAN~ IDAHO I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The property owner, HOT1, LLLP, has applied for a preliminary plat (PP) consisting of 7 building lots on 60.73 acres of land in the I-L, L-O, and C-G zoning districts for Scentsy Commons Subdivision. 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 November 1, 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: Sam Johnson ii. In opposition: None iii. Commenting: None iv. Written testimony: Sam Johnson; Chad Kinkela v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Emergency access to Commercial via Machine or a driveway from Pine in alignment with Hickory. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None ~_ Summary of Ci Council Public Hearin: L In favor: Sam Johnson ii. In opnosition: None 111. CommentinP~Jone jy, Written testimony: None ~ Staff nresentin~ annlication: Sonya Waters yi: Other staff commenting nn aRRlication: None ]2~ Key Issues of Discussion by Council: i, None ~_ Kgy Council Changes to Commission Recommendation i. None Scentsy Commons PP-012-012 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-12- 012, as presented in the staff report for the hearing date of December 4, 2012, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-12-012, as presented during the hearing on December 4, 2012, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number PP-12-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2701 E. Pine Avenue and 3001 E. Commercial Street, in Section 8, Township 3 North, Range 1 East. (Parcel #'s: S 1108417711; S 1108417420; and S 1108417320) B. Owner(s): HOT1, LLLP 2701 E. Pine Avenue Meridian, Idaho 83642 C. Applicant: Sam Johnson 2701 E. Pine Avenue Meridian, Idaho 83642 D. Representative: Chad Kinkela, CK Engineering 860 Headwaters Drive Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a 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: October 15, and 29, 2012 (Commission); November 12, and 26, 2012 (City Council) C. Notices mailed to subject property owners on: October 11, 2012 (Commission); November 8, 2012 (City Council) D. Applicant posted notice on site(s) on: October 19, 2012 (Commission); November 16, 2012 (City Council Scentsy Commons PP-012-012 PAGE 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: This subject property is developed with offices, warehouse, storage, manufacturing, a distribution center, and facilities/maintenance uses for Scentsy and is zoned I-L, L-O and C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Blue Cross Corporate Center (office), zoned I-L 2. East: Jacksons convenience store & fuel facility, zoned C-G; and an equipment rental store, zoned, I-L 3. South: Industrial property and the railroad tracks, zoned I-L 4. West: Commercial & industrial property, zoned C-G & I-L C. History of Previous Actions: A portion of this property was rezoned (RZ-07-010) from I-L to C-G in 2007 as part of the Pinebridge development. A development agreement was required with the rezone, recorded as Instrument No. 108022893. A preliminary plat (PP-07-008) was approved that incorporated the subject property. A variance (VAR-07-007) for access to SH 55/Eagle Road via Commercial Street, a private street, was also approved. A variance for direct access to SH 55/Eagle Road midway between Pine Avenue and Commercial Street was also requested but later withdrawn. • A Corporation Warranty Deed (Inst. #0107000563) was recorded in 1988 which granted an approach to SH SSBagle Road. • In 2008, the Idaho Transportation Department (ITD) approved a variance to upgrade the existing access on Eagle/SH 55 to a right-in/right-out commercial approach under Encroachment Permit 03-08-319. The access was required to be centered between Pine Avenue and Commercial Street and have a right turn deceleration lane southbound on Eagle Road. • On November 16, 2010, the ITD encroachment permit was transferred to the current owner of the property (see Exhibit A.7, permit #3-11-135). The permit states the access via Eagle/SH 55 is approved with the distance from the nearest approach 440 feet from Pine Avenue and 432 feet from Commercial Street. • A development agreement modification (MI-10-010) (Instrument No. 111052691) was approved in 2010 that separated the Scentsy owned portion of the Pinebridge development from the original development agreement. • A variance (VAR-10-002) to UDC 11-3H-4B2 to allow one right-in/right-out access to/from the site via Eagle Road/SH 55 midway between Pine Avenue and Commercial Street was approved in 2010. D. Utilities: 1. Public Works: a. Location of sewer: Currently served with city sewer. b. Location of water: Currently served with city water. c. Issues or concerns: None Scentsy Commons PP-012-012 PAGE 3 EXHIBIT A E. Physical Features: 1. Canals/Ditches Irrigation: There are a few existing ditches on 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 The majority of this property is designated Mixed Use -Regional (MU-R) on the Comprehensive Plan Future Land Use Map (FLUM) with a very small sliver at the northwest corner designated Industrial. The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan. This site is developed with a mix of uses consisting of a distribution center, warehouse, manufacturing, wax storage, and offices for Scentsy. This is a very large employer within the City. The site is located on Eagle Road/SH 55, one of the busiest streets in Idaho. Staff is of the opinion the existing uses and future expansion of the site is consistent with the MU-R designation and the mix of uses desired in 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): • "Require that development projects have planned for the provision of all public services." When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: - Sanitary sewer and water service is provided to the property. - The lands are currently being serviced by the Meridian Fire Department (MFD). - The lands are currently being serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services are provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Scentsy Commons PP-012-012 PAGE 4 EXHIBIT A • "Require landscape street buffers for new development along all entryway corridors." A 35 foot wide landscape buffer has been constructed along N. Eagle Road/SH 55, an entryway corridor; and a 25 foot wide landscape buffer has been constructed along E. Pine Avenue, east of Hickory Avenue. A 25 foot wide landscape buffer is required along E. Pine Avenue, west of Hickory, landscaped in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. • "Require all commercial and industrial businesses to install and maintain landscaping." With development of the property, internal parking lot landscaping as well as street buffer landscaping has been installed on the site. Future phases of development will require landscaping to be installed within parking lots in accord with the standards listed in UDC 11-3B- 8C Parking Lot Landscaping and within street buffers in accord with the standards listed in UDC 11-3B-7C • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." The subject property is within the City and urban services are provided to the site. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. Unified Development Code (UDC) Table 11-2C-2 lists the permitted, accessory, conditional, and prohibited uses in the I-L zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district and UDC Table 11-2C-3 for the I-L zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC Table 11-2C-3 for the I-L zoning district. Scentsy Commons PP-012-012 PAGE 5 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: A preliminary plat is proposed that consists of 7 building lots on 60.73 acres of land in the C-G, I- L, and L-O zoning districts for Scentsy Commons Subdivision. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2B-3 for the L-O & C-G districts and in UDC Table 11-2C-3 for the I-L district. The proposed plat complies with these standards. Access: Access for the site was approved through the Pinebridge subdivision plat (PP-07-008), VAR-07-007 (Commercial Street connection to Eagle) & VAR-10-002 (right-in/right-out via Eagle Road, midway between Pine & Commercial). Comments have not yet been received from ACHD on this application. Commercial Street is a private street and does not currently connect to N. Machine Avenue at the west boundary of the site. Hickory Avenue that exists to the north across Pine Avenue is not proposed to be extended through the site to Commercial Street. The Fire Department would like to have emergency access from both Machine & Commercial. Prior to the Commission meeting, the applicant should coordinate with the Fire Department to determine an acceptable emergency access plan to the site and phasing of such. Multi-Use Pathway: A 10-foot wide multi-use pathway exists on the site within the street buffer along N. Eagle Road in accord with UDC 11-3H-4C. A public use easement has been approved by City Council and recorded for the pathway (Instrument #112082272). Landscaping: Street buffer landscaping has already been installed adjacent to E. Pine Avenue, N. Eagle Road and Commercial Street in accord with UDC standards except for Lot 7, Block 1 along Pine Avenue. The applicant is required to submit a landscape plan for that lot with the final plat application that complies with the standards listed in UDC 11-3B-7C. Waterways: All ditches within the boundary of the site are required to be tiled unless improved as a water amenity in accord with UDC 11-3A-6A. Staff recommends approval of the proposed preliminary plat 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: 10/9/12) B. Agency & Department Conditions C. Required Findings from Unified Development Code Scentsy Commons PP-012-012 PAGE 6 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit A Pale 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 10/9/12) 'I f: r.: Y ~ ~ Y~I ,N ..~F,.. -i~~ ,j 'Ili ~ :L{tievj•'~. :~Y:l- ---~ ~ . 4., -. yi..:~ na '4~M. •~. NN I+ K F3 ° ~~~~ .. F' . ~ I * is u a:i:E... n ,.,.. . ,.., .: -" ~ ,> „~ ~ ~ 1~.IKn ~- V. +',{w:e.a-nik. vlLL^ /u.r. xWL. ~ .•li~.. n,x R( • _ ~ -: r t, ~ , >.~ . :u.rr a•qv ,v ~, f ~'} n..1.. KL-,,'•a-, c't v _z ,t. ~ ~ tt e ~ .- rv ,~yy L1 w riT.MA .I~.r.~ ~~Ti~ u:.~.i..i wn~tiw ,~ W wu.s ~. .a~.ee in n. u... s.[ ~. .a T _j~, ev. FlJ 'I ~ L-T'H '1. SCF.NTSY COl'l1~'110R'S SUf3~IiTISIOhT .:1" 1 .,.,..... iF~,ECT ;, ~ -=TE I' THE - .. THE- T ~ ~ E TI '. T :. ..E '"r''^ SITE wtz "E1 I-. .Ti. I -M' „~ ~„ I w~a~ .n. ~.~ L mww.: ~r A I / _ ~ _ _ __ r/, .,, -T-- n -~I I ~ ~. I _ _ ___ I Lr u'~:' 1 .. ~ ~ k. yr a.~ ~ L- -' ~ ~.,.. .. E L~. S.CS ~l ... ~ (I I `.~ lE6EN~ !~ i~ I ~ 4. Y' ~I FI 1' :.'~ .. I.T fr II ~ p]I..N N.~y(• ....snv=r~...".'1p1. ::",. ..n ~ _ ..., - .. .~:. I w.z:. rwrt r~r.. .. .._` v II'I{}~I'I I ~ ° i pi: MaN NdF 4 qR: T,p • 3 = I i ~, - _ - _ ~ ,.,.~. y+ _ _- .. - - - ,. ,--. ,..- .-. ~ 'F-~~ . K r .tit:r _ - ~. ., ,, ~ ..._ »R.~.,~ ~~ ,I . ., _~ ~ ~ - ,..,,. - ~ -- ~ _ _, .W i F,xhibit A Page 1 EXHIBIT A EXHIBIT B -AGENCY & DEPARTMENT CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Any fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. .. , . Sta, ff met with the applicant and the Fire Department & the applicant stated that Scentsy intends to construct a drivewav in alignment with Hickoryfrom Pine Street to Commercial Street or emergency access once the preliminaryplat is approved. The Fire Dept. and Police Dept. are supportive o the drivewav connection and timing thereof as proposed. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-G, I-L, and L-O zoning districts listed in UDC Tables 11-2-B-3 and 11-2C-3. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Construct amulti-use pathway and install pedestrian lighting and landscaping consistent with UDC 11-3H-4C3. 1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Exhibit B - 2 - EXHIBIT A 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 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (lZZ-07-007; Development Agreement Inst. No. 108022893 & 111052691). 1.3.3 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. 1.3.4 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 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. 1.4 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. 1.4.7 At such time that the multi-use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 2. PUBLIC WORKS DEPARTMENT 2.1 100 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 Exhibit B - 3 - EXHIBIT A installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to emergency access to the site. The applicant has agreed to construct a driveway for emergency access in alignment with Hickory Way between Pine Avenue & Commercial Street. 4. FIRE DEPARTMENT 4.1 The Fire Department has no concerns related to emergency access to the site. The applicant has agreed to construct a driveway or emergency access in alignment with Hickory Wav between Pine Avenue & Commercial Street. 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 Comments have not yet been received from ACHD on this application. Traffic counts were requested by ACHD and the application is scheduled before the Commission on December 12, 2012. Exhibit B - 4 - 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 have been and will continue to be provided to the subject property. See Exhibit B of the Staff Report for more details from public service providers. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities have been provided by the developer 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; Because services are already being provided to the subject development, the City Council finds there is public financial capability of supporting services for this development. e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any associated with the platting of this property analysis. health, safety, or environmental problems ACFID considers road safety issues in their Exhibit B - 5 -