Tradewinds Sub AZ-12-012 PP-012-015CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~ ~
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In the Matter of the Request foi• Annexation & Zoning of 10.42 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of 39 Single-Family Residential Building Lots & 3
Common Area Lots for Tradewinds Subdivision, Located on the Southeast Corner of S. Locust
Grove Road ~ E. Victory Road, by Don Newell, SDN, LLC.
Case No(s). AZ-12-012; PP-12-015
For the City Council Hearing Date of: December 18, 2012 (Findings on January 2, 2012)
A. Findings of Fact
L Hearing Facts (see attached Staff Report for the hearing date of December 18, 2012, incorporated
by reference)
2. .Process Facts (see attached Staff Report for the hearing date of December 18, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 18,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 18, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-012; PP-12-015
-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 Clerlc upon the applicant, the
Planning Department, the Public Worlcs Department and any affected party requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 18, 2012, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation & Zoning is hereby approved with a Development
Agreement per the provisions in the Staff Report for the hearing date of December 18, 2012,
attached as Exhibit A.
2. The applicant's request for Preliminary Plat is hereby approved per the conditional of approval
in the Staff Report for the hearing date of December 18, 2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signatm•e
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 ll-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 tune 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 Du•ector or City Council may requu•e 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 tluough the platting procedure again (UDC ll-
6B-7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and rehu•ned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement maybe initiated prior to signature of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). AZ-12-012; PP-12-015
-2-
agreement by all parties and/or maybe requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
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 hatter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of December 18, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
cASENO~s>. Az-Ia-ola; PP-I2-oIs
-3-
By action of the City Council at its regular meeting held on the day of ~ _,
2013.
COUNCLI, PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIlZD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor T,~i~'y de Weerd
Attest:
_~ , ! ~~
Jaycee Hr~~an, City Clerk
Copy served upon Applicant, The
VOTED
VOTED
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Planninga -dent, Public Worlcs Department and City Attorney.
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City ler c fice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-012; PP-12-015
-4-
EXHIBIT A
SUBJECT: AZ-12-012; PP-12-015 -Tradewinds Subdivision
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Don Newell, SDN, LLC, has applied for annexation and zoning (AZ) of 10.42 acres of
land with an R-8 zoning district; and a prelilninaiy plat (PP) consisting of 39 single-family residential
building lots and 3 common area lots for Tradewinds Subdivision. See Sectiofa IX of the staff r•epof•t
fo~° n7ore irrforn7ation.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP 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 December 18, 2012. At the
public hearing, the Commission moved to recommend approval of the subiect AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Kevin McCarthy
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kristen Thompson, Kevin McCarthy
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. The timing for construction of the sidewalks along Locust Grove & Victory Roads;
ii. The allowance for asphalt (as a temporary material) instead of concrete sidewalks along
Victory & Locust Grove Roads where the intersection improvements are planned.
c. Key Commission Change(s) to Staff Recommendation:
i. Staff requested that a condition of approval be added that requires cross-access be
provided to the property owned by the City to the south (see Exhibit B, conditions
#l.l.lb and 1.2.8).
ii. In lieu of a concrete sidewalk along Victory & Locust Grove Roads in the area where
the intersection improvements are planned, the Commission agreed that asphalt is an
acceptable temporary material (see Exhibit B, condition #1.3.6).
iii. At staff's request & the applicant's agreement, add a condition requiring a pathway to
be constructed from Fathom Drive to Victory Road across Lot 16, Block 1 (see Exhibit
B, condition #1.2.9).
iv. Require all of the sidewalk along Locust Grove ~& Victory Roads to be constructed with
Phase 1 (condition #1.2.10).
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on December 18.2012. At the public hearing. the
Council annroved the subiect AZ and PP request.
Tradewinds Sub AZ-12-012; PP-012-015 PAGE 1
EXHIBIT A
~,. ummarv of Citv Council Public Hearin:
i. In favor: Kevin McCarthy
z In onnosition: None
iii• Commenting: None
>i~ Written testimony: None
y,. taff nresentin~ annlication: Bill Par on
~_ ther staff commenting on annlication: None
.~ ev Issues of Discussion by Council:
i. uture access for the outnarcel internally via Fathom Drive.
c Cev Council Changes to Staff/Commi Sion Recommendation
i. Add a condition reauiring an access easement(sl to be nrovided for the outnarcel for_
future access via Fathom Drive (see condition #1.1.111
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12-
012 & PP-12-O15, as presented in the staff report for the hearing date of December 18, 2012, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-012
& PP-12-015, as presented during the hearing on December 18, 2012, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-12-012 & PP-12-015 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 southeast corner of S. Locust Grove Road and E. Victory Road, in
Section 29, Township 3 North, Range 1 East. (Parcel #'s: 51129223505; 51129223530)
B. Owner(s):
Glacier Bank
P.O. Box 1059
Coeur D'Alene, ID 83816
C. Applicant:
Don Newell, SDN, LLC
P.O. Box 1939
Eagle, Idaho 83616
D. Representative:
Kevin McCarthy, KNI Engineering, LLP
9233 W. State Street
Boise, Idaho 83714
E. Applicant's Statement/Jnst~cation: Please see applicant's narrative for this information.
V. PROCESS FACTS
Tradewinds Sub AZ-12-012; PP-012-015 PAGE 2
EXHIBIT A
A. The subject application is for annexation & zoning and 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 29, and November 12, 2012 (Commission);
November 26 and December 10, 2012 (City Council)
C. Notices mailed to subject property owners on: October 26, 2012 (Commission); November 21,
2012 (City Council)
D. Applicant posted notice on site(s) on: November 5, 2012 (Commission); December 5, 2012 (City
Council)
VL LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant land zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Victory Road & residential properties in Sageland Subdivision, zoned R-8
2. East: Rural residential properties, zoned RUT in Ada County
3. South: Rural residential properties, zoned RUT in Ada County
4. West: Rural residential property, zoned RUT in Ada County
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer: E Victory Road.
b. Location of water: E Victory Road and S Locust Grove Road.
c. Issues or concerns: None
E. Physical Featm•es:
1. Canals/Ditches I1Tigation: There are a few existing ditches that traverse this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property lies within a FEMA desi nated special flood hazard area, zoned
AE.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" (MDR) on the Comprehensive Plan Fufire
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,
pathways, or land dedicated for public services.
The applicant proposes to develop the site with 39 single-family homes at a gross density of 3.74 (net
density of 5.6) dwelling units per acre, within 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):
Tradetvinds Sub AZ-12-012; PP-012-015 PAGE 3
EXHIBIT A
® "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 r•ejlects a gross density of 3.74 dwelling units per• acre, ivithirr
the target density of the MDR designation of 3 to 8 dwelling units per acre. The surrounding
property is also designated to develop at densities allowed in the MDR designation. Tuscany
Lakes Subdivision No. 2 that exists at the southeast corner of the site was developed at a
gross derrsit~~ of 2.22 dwelling units per• acre.
® "Permit new development where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City."
Cit1~ services are located in S Locust Grove & E. Victory Road arrd are available to be
eaaended to this site. This site is contiguous to propert~~ that leas beei7 arrne~:ed into the City.
® "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc."
Street bz~er larrdscapirrg is required adjacent to Locust Grove & Victory Roads, both
arterial streets, irr accord i-With the standards listed irr UDC 11-3B-7C as shotivrr orr the
landscape plan. Separate permits shall be obtained for signage arzd fer7cing. Fencing shall
corrrply tivith the standards listed ir7 UDC 11-3A-7.
® "Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow."
The proposed plat depicts a stub street for firtzn°e irrterconnectivity to the pr°operty to the east.
The propert~~ to the sozrth is owned by the City arrd an application for a Cor7ditiorral Use
Permit for a water reservoir has been submitted; irrtercorrnectivit)~ is not desired
"Require common areas for all subdivisions."
The UDC requires a rrrirrimznrr of 10 percent oper7 space to be provided tivith the proposed
subdivision. The applicant is proposing 0.94 of are acre (or 10.3%) of qualifred open space
consistent with this r•equir•enrerrt.
® "Protect existing residential properties fi•om incompatible land use development on adjacent
parcels."
The subjectproperty is surrounded by rural residential property, zoned RUT in Ada Cozmty.
The Futzrre Larrd Use Map designates the subjectproper•ty & adjacent properties for• 1lIDR
uses. The gross density of the proposed plat is 3.74 dtivellirrg zruits per acre consistent with the
MDR designation of 3 to 8 dtivellirrg units per acre. Staff is of the opinion the proposed
single farrrily detached residences should be compatible with existing residential uses irr the
area.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the propose of the residential districts is to
provide for a range of housing opporhmities consistent with the Meridian comprehensive plan.
Residential dishicts 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-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zonuig district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
Tradewinds Sub AZ-12-012; PP-012-015 PAGE 4
EX>FIIBIT A
single-family detached dwellings is a principal permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed iii UDC Table 11-2A-6 for the R-8 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-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 10.42 acres 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 for the site.
A preliminary plat for asingle-family residential development is proposed with the annexation
request. Conceptual building elevations for the residential homes are shown in Exhibit A.4. The
proposed elevations consist of tln•ee different kinds of materials and appear to be of quality
design.
The annexation legal description submitted by the applicant, included in Exhibit C, shows the
boundary of the property proposed to be annexed and zoned contiguous to the existing boundary
of the City of Meridian and within the Area of City Impact boundary.
Development Agreement: The City may require a development agreement (DA) in conjunction
with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops
consistent with the Comprehensive Plan, the preliiniiiary plat, and conceptual building elevations,
staff recommends a DA is required as a provision of annexation in accord with the provisions
included in Exhibit B.
PRELIMINARY PLAT
A preliminary plat is proposed that consists of 39 single-family residential detached building lots
and 3 common area lots on 9.11 acres of land in a proposed R-8 zoning district for Tradewinds
Subdivision.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the R-8
standards listed in UDC Table 11-2A.6 for the R-8 district and finds the plat in compliance except
that a shared driveway will be required for Lots 9, 10, and 11 Block 12.
Access: Access to this site is proposed on the plat via S. Locust Grove Road. A stub street is
shown to the east boundary for future interconnectivity. Con~»~ents hcn~e »ot yet been received
fi°on~ ACHD of7 this application.
Waterways: There are a few irrigation ditches traversing this site that are required to be piped, in
accord with UDC 11-3A-6.
1Vlulti-Use Pathway: According to the Master Pathways Plan, there is not amulti-use pathway
designated for his site.
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.
Tradewinds Sub AZ-12-012; PP-012-015 PAGE 5
EXHIBIT A
Fencing: All fencing proposed to be constructed on the site shall comply with the standards listed
i11 UDC 11-3A-7. A detailed fencing plan should be submitted with the fmal plat.
Parkways: Eight foot wide parkways are proposed to be constructed along local streets within
the site & should be landscaped with Class II trees in accord with UDC 11-3A-17. The Icnrdscape
plan submitted with the final plat should inclzrde the tree class i~~ithin the plant schedarle as
categorized in the "Tree Selection Guide for Streets and Landscapes Thr°oughout Idaho "
published by the zn~ban forestry unit of the Boise Par°hs and Recreation Depcn•hrrerrt.
Open Space & Site Amenities: A minimum of 10% of the site is requu•ed 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 9.11 acres (excluding the Victory Road and Locust Grove right-of--way). Therefore, a
minimum of 0.91 of an acre of qualified open space is required to be provided. The preliminary
plat data states there is 0.94 of an acre of qualified open space proposed with this plat, which
complies with this requirement. The proposed open space consists of parkways along Starboard
Street, Azimuth Street, and Fathom Drive; landscaped street buffers along Locust Grove &
Victory Roads;
Ill accord with UDC 11-3G-3A.2, a minimum of one (1) site amenity is required to be provided
with this development as defined in UDC 11-3G-3C. The applicant proposes to construct a 1/2
basketball court and a short section of pathway from Fathom Drive north to the sidewalk along
Victory Road as amenities.
In surrurrar~~, Staff recorumends approval of the proposed annexation, with a developruerrt
agreement, and prelirrzi~ary platper the corrditiorrs listed in Ea:hibit B of this report. in accord.
with the findings contained ir7 Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat & Phasing Plan (dated: 10/24/12)
3. Proposed Landscape Plan (dated: 10/24/12)
4. Proposed Building Elevations for Residential Homes
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation
D. Required Findings from Unified Development Code
Tradewinds Sub AZ-12-012; PP-012-015 PAGE 6
EXHIBIT A
A. Drawings
1. Vicinity Map
Ethibit A Page 1
EXHIBIT A
2. Proposed Preliminary Plat & Phasing Plan (dated: 10/24/12)
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EXHIBIT A
4. Proposed Building Elevations for Residential Homes
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EXHIBIT A
B. EXHIBIT B - AGENCX & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 ANNEXATION 8e~ ZONING
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 property owner(s) at the time of amnexation ordinance adoption, and the developer. The
Applicant shall contact the City Clerk'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 Attorney's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions;
a. FutLUe development of the site shall substantially comply with the preliminary plat, landscape
plan, and conceptual builduig elevations included in Exhibit A.
b. Across-access/inrsress-egress easement is required to be granted to the adjoining
property to the south owned by the City of Meridian (Parcel #51129223550) in accord
with UDC ll-3A-3A, Access to Streets.
1.2 Site Specific Conditions of Approval
1.2.1 A common driveway shall be provided on Lots 9 & 10, Block 11, Block 12 in accord with the
standards listed in UDC 11-6C-3D.
1.2.2 As agreed upon by the applicant, a minimum 5-foot wide pathway shall be installed within Lot
16, Block 1 connecting to the sidewalks along Fathom Drive and Victory Road. A mif~imun~ S-
foot ~-hide sidewalk is i°ega~iT°ed along E. Victory Road oil the poi°tioi~ of the site that is east of the
Liddell propei°t3~ that doesn't appear to be shoit>>~ of~ the landscape pla».
1.2.3 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.2.4 The applicant shall provide a minimum of arse (1) amenity (1/2 basketball court) and 0.91 acre
(10%) of common open space that meet or exceed the standards set forth in UDC 11-3G-3.
1.2.5 The landscape plan submitted with the final plat should iiichide the flee class within the plant
schedule as categorized in the Tree Selectiof~ Guide for Sts°eets aad Laf~dscapes th~•oz~ghozit Idaho
published by the urban foreshy unit of the Boise Parks and Recreation Department.
1.2.6 Revise Note #1 on the preliminary plat to remove Lot 10, Block 3 as a common lot as it does not
exist.
1.2.7 Submit a detailed fencing plan with the final plat application that complies with the standards
listed in UDC 11-3A-7.
1.2.8 Revise the preliminary plat and landscape plan to depict across-access/ingress-egress
driveway to the adjoining property to the south in accord with UDC11-3A-3A, Access to
Streets.
1.2.9 A pathway is required to be constructed from Fathom Drive to Victory Road across Lot 16,
Block 1.
1.2.10 All of the sidewalk along Locust Grove ~ Victory Roads shall be constructed with Phase 1.
1.2.11 Provide an easement across Lot 16, Bloclc 1 for future access(es) via Fathom Drive for the
outparcel (1777 E. Victory Rd.).
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EXHIBIT A
1.3 General Conditions of Approval
1.3.1 Comply with all bulls, use, and development standards of the R-8 zoning distl•ict listed in UDC
11-2-A-6.
1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to S. Locust
Grove Road and E. Victory Road is prohibited.
1.3.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.3.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.5 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.
1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. A tenrnorrn•y asUlralt
pathway rtrrN be cotrstrrrcted in Herr of concrete alort~ Victory & Locust Grove Roads in flte
area ryltere the intersection impr°ovenrerrts are plattrretl.
1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.3.8 Conshuct all off-sheet parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.3.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.3.11 Consh•uct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.3.12 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.
1.3.13 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.
1.3.14 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 and site amenities 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 sidewakc surface to afford greater visibility of the
area.
1.4.5 The applicant has a contiiniiiig obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-ll.
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EXHIBIT A
1.4.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed featm•es 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 maybe accepted for other improvements in accord with
UDC 11-SC-3C.
1.53 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 withili 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 [add date] 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 Depai~nent staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
1.5.7 At such time that the multi-use pathway comiects 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 Sanitary sewer service to this development is available via extension of mains in E Victory 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
airy mains that are required to provide service. Minimum cover over sewer mains is three feet, if
cover fiom 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 E Victory Road and S Locust
Grove Road. The applicant shall be responsible to upsize the water main to twelve inch from
Coastline Drive, Starboard St and Fathom Dr, to Victory Road. The applicant shall be responsible
to install water mains to and through this development, coordinate main size and routing with
Public Works.
23 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 12-13-83). The applicant should be required to use any existing surface or
well water for the primacy source. If a surface or well source is not available, asingle-point
connection to the culiiialy 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.
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EXHIBIT A
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 ornon-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed fi•om 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, includhig 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 Worlcs 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 Fau• 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 graduig 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 Deparhnent for all building
pads receiving engineered baclcfill, where footing would sit atop fill material.
2.18 The engineer shall be required to certify that the sheet centerlilie elevations are set a minimum of
3-feet above the highest established peals 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 dish•ict
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.
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EXHIBIT A
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 Irnprovement 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 contY•actor'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 infi•astructrue for
duration of two ,~. This surety will be verified by a line item cost estimate provided by the
owner to the City. The srn•ety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.24 A portion of this development lies within the Meridian Floodplain Overlay District. The
applicant will be required to submit a Floodplain Development Permit and secure approval before
any construction can begin. Permit approval may require development of Base Flood Elevations,
mapping of the floodplain and / or floodway boundaries, and analysis of the effect of the
development on the floodplain. Applicant should reference City Flood Damage Prevention Code
and coordinate with the Floodplain Administrator to verify requirements.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with Irrternational Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fii•e Hydrants shall be placed on cor7iers when spacing permits.
e. Fire hydrants shall not have any vertical obst~•uctions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/~" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
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EXHIBIT A
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 All entrances, iirternal toads, drive aisles, and alleys shall have a hu•ning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
4.4 Operational fn•e hydrants, temporary or permanent st-•eet signs, and access roads with an all weather
surface are required to be ilistalled before combustible construction material is brought onto the site,
as set forth in liiternational Fire Code Section (IF`C) 501.4 and Meridian amendment to IFC 10-4-2J.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARI{S DEPARTMENT
6.1 The Parks Department has no concerns with this application.
7. ADA COUNTY HIGHWAY DISTRICT
Con~rnents bcn~e »ot yet been received fi•ona ACHD on this application.
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EXHIBIT A
C. Legal Description & Exhibit Map for Annexation
R 9233 U+lESTT 5t`AT~ 5~°RLt i' I B~iS~, i~ 83714 ~ 2t~,639.5l3~ ~ ~ ~t78.t,39,~93{~
~i~tsaber 15, 2r1i2
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~i panel of land situa¢etf in. ~e NVrr~A afthe N~t(s~if4 of Section 29, Totunship ~ h~isarth, Range 7: fast,
anise Meridian, Ada Cqunty, Idalscs and fneing, rtsore particularly Bribed as fc~iiuvvs.
9~~ilUi~tiN~a at ~ 5/i3 inch rebar markingtFse northwest corner of said Settioss , frnr~s vrhieh ass
alnrninum e~la monument marking the northeast riser ofthe ~dV~/1~4 {N1/4 riser} saf said: ~ectisan
2'3 bears St39°34'31"~ a distance of ?g<G8 fact, thersce alearsg the ncsrth line eaf said 5ectinn 29
SSq°34'3,"~ a distance 4f 39ij.2~ feet t~ a pk nail, ~rasrn which. ~ S/8 Inch rs;bar tuitncss rrte~ bears
Sitf~°i~'4i~"SIV a dis~atst~ ~f 75,t1 feet;
Thence SQt1~16`48"'~'' a distance s3f i~7.~2 feet tta a S/S Inds mbar;
Thence S89°34'31"E a diskasscc of #~,4~ feet tie a ~,/~ iss~h rebar;
Thence tJrJd°lfa'U2"~ a distance of 16T,Q2 feet tea a lak nail ass said ncarth line, from wisich a 5/g inch
kvitness canner beers ~t~°i~'Q2"tM1l a ells#asrcc raf 2~.OfI feet;
Ti°sens:c along said north Ilse S89"34'31"~ a distance a~f 42.t7~ feet taa a pls nail, ,
Thence leaving said north line StN~"16'02"Id4+ a distance Qf 532,~~ fs=etto a 3/S inch rebar;
Thence N~9~4i'54"'Vrr a distance of 2.i.5Q feeB ro a 5/8 inch rebar;
Thence SOp~15'4~"~t a distance of 253.19 feet to a s/~ inch rebar;
Thence t~k89~34'31"t(td a distance 9f 5913.42 feet to a (saint nn the west line Qf said i~~il4 caf the
~kV4li/4, (rem ~anc~h a 5J8 Irscis +,vitness earrser bears S3~°34'31"~ a dlstanee rsf ,~t~ feet;
Thence along said crest line NQs7°14'19"i= a distance of 791.79 feet to the PQINff ~F B~~t@~I~11N+3,
Said par~i ccsntai~is 10.42 acres tar ~#54,t]d5 square feet, rrsore oar Ie~s an d i~ subject to all existing
easements and rights-of-uways raf record or implied.
Attached hereto is ~xisibit "'3" and by this reference made a part hereof.
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-9-
EXHIBIT A
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EXHIBIT A
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 the subject property with an R-8 zoning district. The
City Council finds that the proposed map amendment is generally consistent with the medium
density residential land use designation for this site. Therefore, the City Council 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 City Council 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 pm•pose statement of the residential district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council 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.
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 City Council 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 (IJDC 11-SB-3.E).
The City Council 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 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 Comp~•ehensive Plan Policies and Goals, Section VII, of the Staff Report for n7o~•e
IJ1f01•T77at1O7?.
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
-11-
EXHIBIT A
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 thew 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 from public service providers contained in Exhibit B, the City
Council finds there is public financial capability of supporting services for the proposed
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 health, safety, or enviromnental problems
associated with the platting of this property that would affect the welfare of the
community. ACHD considers road safety issues in their analysis.
-12-