Karmelle Subdivision - PP-12-0014CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~~~Vl E IDIAN~--
t[}AWQ
In the Matter of Preliminary Plat Approval Consisting of 43 Residential Lots and 12 Common lots
on 16.18 Acres in an R-4 Zoning District for Karmelle Subdivision, Located on the South Side of E.
Victory Road ,East of S. Eagle Road, by Providence Management, LLC.
Case No(s). PP-12-014
For the City Council Hearing Date of: January 2, 2013 (Findings on January 15, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 2, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 2, 2013, incorporated by
reference) .
3. Application and Property Facts (see attached Staff Report for the hearing date of January 2, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 2, 2013, 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). PP-12-014
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 January 2, 2013, 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 January 2, 2013, 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. Ii 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 I1-
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 OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-014
-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 January 2, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). PP-I2-014
-3-
By action of the City Council at its regular meeting held on the ~ day of _~ J~~~„r (~„
2013. _ _ ~
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
Clty
Copy served upon Applicant, The
Mayor T y de Weerd
¢QD~P'CIlD AUCLg~,+
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VOTED
VOTED
VOTED
VOTED (/~~~
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Public Works Department and City Attorney.
By: Q Dated: I 2 d i 3
City erk' f ce
CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & OKDER
CASE NO(S). PP-12-014
-4-
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
(~%Q/(E rDIAN~--
IDAHO
SUBJECT:
January 2, 2013
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
PP-12-014 -Karmelle Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Providence Management, LLC, is requesting preliminary plat approval of forty-three
(43) residential lots and twelve (12) common lots on 16.18 acres in an R-4 zoning district.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed application in accord with the conditions of approval in
Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Plannine &
Zonine Commission heard this item on December 6.2012. At the public hearine, the
Commission voted to recommend approval of the subiect PP renuest.
a. Summary of Commission Public Hearine:
i. In favor: Scott Wonders and Zach Evans
ii. In opposition: None
iii. Commentine: Harold Krasinski and Kenneth Travis
iv. Written testimonv: Bob Aldridee
v. Staff presenting application: Bill Parsons
vi. Other staff Commentine on application: Pete Friedman and Bruce Freckleton
b. Kev Issue(sl of Discussion by Commission:
i. Buffering between the commercial property to the west and the proposed subdivision.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item nn .Tanuarv 2.2013. At the nublic hearing. the
Council approved the subiect PP renuest.
~_ ummarv of City Council Public Hearing:
s In favor: Scott Wonders
i1 In opposition: None
iii. Commentine: Rob Aldridee
Written testimonv: None
y, Staff nresentinp aRnlicatinn: Rill Parsons
11. Other staff Commentine nn annlication: None
Li, ev issues of Discussion by Council•
1. lYsae
s. Kev Council Changes to Staff/Commission Recommendation
~_ t the nublic hearine. the applicant agreed with the adjacent property owner
epuest to install tan vinyl fencing for the proposed subdivision. Condition 1.1.1 was
odified to require the specified fencing material
Karmelle Subdivision - PP-12-014 PAGE 1
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-12-
014, as presented in the staff report for the hearing date of January 2, 2013, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP-12-014, as
presented during the hearing on January 2, 2013, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number PP-12-014 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 south side of E. Victory Road, east of S. Eagle Road in the northwest'/<
of Section 28, Township 3 North, Range 1 East. (Parcel #'s: 83193200010 and 83193200020)
B. Owner(s):
..Providence Management, LLC
7761 E. Riverside Drive, Suite #100
Boise, Idaho 83714
C. Applicant:
Same as owner
D. Representative:
Scott Wonders, J-U-B Engineers, Inc.
250 S. Beechwood Avenue, Ste. 201
Boise, Idaho 83709
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: November 19, and December 3, 2012 (Commission);
December 10, and December 24, 2012 (Council)
C. Notices mailed to subject property owners on: November 15, 2012 (Commission); December 7,
2012 (Council)
D. Applicant posted notice on site(s) on: November 26, 2012 (Commission); December 19, 2012
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject site is primarily vacant developable land; zoned R-
Karmelle Subdivision - PP-12-014 PAGE 2
EXHIBIT A
4.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the
surrounding area is coral in nature but it is transitioning with urban densities. Commercial
development is planned for the property that abuts the northwest comer.
1. North: Sutherland Farms Subdivision and pasture; zoned R-4 and RUT
2. West: County residence and vacant commercial property; zoned RUT and C-C
3. South: Single family homes; zoned R-4 and RUT
4. East: County residences and pastures; zoned RUT
C. History of Previous Actions: In 2006, City Council approved the annexation (AZ-06-046) and a
preliminary plat (PP-06-048) consisting of 60 residential lots and 6 common lots on 22.37 acres
of land for the Harcourt Subdivision. A development agreement was not required with the
annexation of the property. The previous developer has sold several of the properties that where
part of the previozs approvals which are not part of the proposed subdivision.
D. Utilities:
1. Public Wm~ks:
a. Location of sewer: Sanitary sewer mains intended to serve the subject site is located
duectly adjacent to the north in E. Victory Road.
b. Location of water: Water mains intended to serve the subject site are located directly
adjacent to the north in E. Victory Road, and via an off-site extension in E. Falcon Drive
to S. Eagle Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches In•igation: McDonald Lateral bisects the property and will be tiled and
relocated.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" (LDR) on the Comprehensive Plan Future
Land Use Map (FLUM). The LDR designation allows larger lots where urban services are provided.
Uses may include single-family homes at densities of three (3) dwelling units or less per acre. The
subject property is currently zoned R-4.The Unified Development Code (IIDC) allows a maximum of
4 dwelling units to the acre. The proposed project includes 43 residential lots on 16.13 acres for a
gross density of 2.67dwelling units/acre consistent with the density of the Comprehensive Plan and
the UDC.
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 new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.
Street buffer landscaping is required adjacent to E. Victory Road, an arterial street, in
accord with the standards listed in UDC 11-3B-7C as shown on the landscape plan. Separate
permits shall be obtained for signage and fencing. Fencing shall comply with the standards
Karmelle Subdivision - PP-12-014 PAGE 3
EXHIBIT A
listed in UDC 11-3A-7. Prior to construction on the site, temporary fencing will be required
to keep debris front impacting adjacent properties.
• Require common areas for all subdivisions (Chapter 3, pg. 54)
The UDC requires a minimum of 10 percent open space to be provided with the proposed
subdivision. The applicant is proposing 1.84 of an acre (or 11.37%) of open space. However,
some of the proposed open space dots are not eligible as qualifying open space asset forth in
UDC 11-3G-3B. Based on staff's calculations the applicant is providing 9.3% or 1.51 acres
of goal Eying open space. The qualifying open space includes 50% width of the arterial street
buffers (Lotl, Block 1), a central open space lot (Lot 18, Block 3), a pond lot (Lot 8, Block 1),
and a passive open space lot (Lot I5, Block 1). With the final plat submittal, the applicant
must submit a revised landscape demonstrating compliance with the open space requirements
outlined in UDC 11-3G-3B.
• Permit new development mrly where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City. (Chapter 3, pg. 45)
City services will be extended with the development of the site. The applicant must stub City
utilities to the outparcel #83193250035.
• Support a variety of residential categories (low-, medium-, 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 (Chapter 3, page 55).
The proposed preliminary plat reflects a gross density of 2.67 dwelling units per acre, within
the target density of the Low Density Residential (LDR) designation of 3 units dwelling units
or less per acre. The surroundingproperty is also designate LDR.
• Require usable open space to be incorporated into new residential subdivision plats (Chapter
3, page 54).
The applicant is proposing a central open space lot (0.74 acres) that will house a children's
play structure. Additionally, a sitting area is also proposed fora 7,296 square foot cotnnton
lot west of the central open space lot. These lots combined provide 0.93 acres of usable open
space.
• Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter 3, page 48).
The proposed plat depicts two (2) stub streets for future interconnectivity to the property to
the east. The main entrance for the subdivision will be front Victory Road with secondary
street connection to E Falcon Drive along the south boundary of the proposed subdivision.
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, page 53).
The subjectproperty is primarily surrounded by rural residential property, zoned RUT in
Ada County. The Future Land Use Map designates the subject property & adjacent
properties LDR. Staff is of the opinion the proposed single family detached residences should
be compatible with existing residential uses in the area.
After considering all of these factors staff believes that the proposed development is generally
consistent with comprehensive plan.
VIiI. UNIFIED DEVELOPMENT CODE ([JDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
Karmelle Subdivision - PP-12-014 PAGE 4
EXHIBIT A
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
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principally permitted use in the R-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: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-5 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.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Preliminary Plat
The applicant requests preliminary plat approval of 43 residential lots and 12 common lots on
16.18 acres of land. The minimum lot size proposed with the plat is 8,995 square feet and the
average lot size is 10,600.square feet. The gross density for the proposed subdivision is 2.67.
dwelling units to the acre. This density is consistent to what is developed in the area and complies
with the maximum of four (4) dwelling units to the acre in the R-4 zone.
Dimensional Standards: All of the proposed lots must comply with the R-4 dimensional
standards established in the UDC. 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 finds the plat in
compliance with said standards.
Access: Access to this site is proposed on the plat via S. Victory Road and (2) stub streets are
shown along the east boundary for future interconnectivity. Secondary public street access to the
proposed subdivision is from Falcon Drive which is along the south boundary and connects to S.
Eagle Road.
Waterways: The McDonald Lateral bisects the proposed subdivision. The submitted plans
indicate this ditch is to be tiled and relocated consistent with UDC 11-3A-6. The applicant must
obtain approval of said improvements from the Boise Project Board of Control.
Open Space/Amenities: A minimum of 10% open space is required in accord with UDC 11-3G-
3A. Qualifying open space is defined in UDC 11-3G-3B. The site consists of 16.18 acres, thus a
minimum of 1.61 acres of qualified open space is required to be provided. The preliminary plat
data indicates there is 1.84 acres of open space proposed with this plat; however several of the
common open space lots do not qualify as open space. The submitted plat has 1.51 acres (93%)
of qualifying open space. With the final plat submittal, the applicant must submit a revised
landscape demonstrating compliance with the open space requirements outlined in UDC 11-
3G-3B. The applicant must provide at minimum 0.10 of an acre more open space.
In 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 two
amenities: a children's play sttncture in Lot 18, Block 3 and sitting area in Lot 15, Block 1. The
proposed plat complies with the amenity requirements in the UDC.
Karmelle Subdivision - PP-12-014 PAG); 5
EXHIBIT A
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
The proposed landscape plan substantially complies with landscape ordinance. However, the
submitted plan excludes the landscape details fa• Lot 22, Block 3. With the final plat submittal
the applicant must include the landscape details for said lot.
Sidewalks: UDC 11-3A-17 requires 5-foot detached sidewalks along E, Victory Road.
Additionally, 5-foot attached sidewalks are required along all of the internal local streets. Lots 26
and 27, Block 3 front on E. Falcon Drive. The submitted plans do not reflect the required
improvements along the street frontage. In discussions with the applicant, ACHD will be
requiring said improvements consistent with both ACRD standards and the UDC. However, an
outparcel (parcel #83193250035) exists along this segment of roadway (west of lots 26 and 27)
and was annexed into the City with the Harcourt Subdivision which has expired. Because this
parcel is not part of the application staff cannot require the completion of the sidewalk
improvements abutting the outparcel. As a sign of good faith, staff encourages the applicant
complete the frontage improvements so there is a complete sidewalk connection for the proposed
subdivision.
Fencing: No fencing is shown on the submitted plans. A detailed fencing plan should be
submitted upon application for final plat approval. If permanent fencing is not provided before
issuance of a building permit, temporary construction fencing to contain debris must be installed
around the perimeter. Perimeter and common open space fencing must be designed as set forth in
UDC 11-3A-7.
Existing Structures: Originally, this property was platted as Golden Eagle Estates with 5 acre
lots in the County. The homes and out buildings constructed on these lots still exist. The .
submitted plans indicate that buildings are to be demolished. Since the applicant is not proposing
to phase the project, staff is of the opinion that said stwctures should be removed and all wells
and septic systems abandoned per the applicable regulatory standards. Prior to City Engineer's
signature on the final plat, the abandonment must occur and evidence signifying approval from
the applicable regulatory authority must be submitted.
Further, the applicant is proposing to plat around one existing home located on the northwest
corner of proposed S. Cullen Way and E. Falcon Drive. This properly is not part of the proposed
development. As mentioned earlier, the property was annexed into the City in 2006. Since the
property is not part of the subdivision application, the City cannot require the home to connect to
City services. The applicant can volunteer to connect the existing home to city services with the
property owners consent. The applicant is still responsible to stub utilities to the property for
future connection.
Since this properly is surrounded by the proposed development, staff is unsure how the
development will impact the well and septic system of the existing home. Staff encourages the
applicant coordinate with the property owner to verify the location of the adjacent well and septic
field to ensure the private utilities will not be affected by the proposed design of the development.
Additionally, staff has been informed by one of the adjacent home owners (parcel
#83193250014) that the irrigation pump is located the applicant's property and is still being used.
The applicant will be responsible for coordinating with the adjacent homeowner to ensure
adequate surface water is being provided in accord with State Stafite.
Existing Easements: As mentioned earlier this property was originally platted as Golden Eagle
Estates Subdivision. With the platting of the property, utility easements were established along
the lot boundaries. These platted easements impact several of the proposed buildable lots and
must be vacated. Prior to signature on the final plat, the applicant must obtain approval of a
vacation application.
Karmelle Subdivision - PP-12-014 PAGE 6
EXHIBIT A
Elevations: The applicant has submitted sample photos that depict the style of homes planned for
the proposed subdivision. The proposed homes depict a mix of building materials (]ap siding,
cedar shake siding, stucco and board and batten siding) and stone wainscot. The design features
staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix
of building materials. Staff is of the opinion the future homes will complement the existing homes
in the area and demonstrate high quality materials.
In summary, Staff recommends approval of the proposed prelinsinary plat regnesl for this site
with the recommended conditions listed in Exhibit B of this report in accord with the findings
contained in Exhiblt C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 9/28/12)
3. Proposed Landscape Plan (dated: l0/10/12)
4. Proposed Building Elevations
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Karmelle Subdivision - PP-12-014 PAGE 7
EXHIBIT A
A. Drawings
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EXHIBIT A
2. Proposed Preliminary Plat (dated: 9/28/12)
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4. Proposed Building Elevations for Residential Homes
EXHIBIT A
EXIiIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 The applicant shall construct tan vinyl fencine within the development endle~an
r °°~°° -^^•~~°°a'~° "'° TT^'' consistent with the standards as set forth in UDC 11-3A-7. A fence
detail must be provided on the landscape elan submitted with the final plat application.
1.1.2 The applicant shall provide two (2) amenities (children's play structure and sitting area) and 1.61
acres (10%) of common open space. The submitted plat has 1.51 acres (9.3%) of qualifying open
space. The applicant must provide at minimum 0.10 of an acre more qualifying open space. With
the final plat submittal, the applicant must submit a revised landscape demonstrating compliance
with the open space requirements outlined in UDC 11-3G-3B.
1.1.3 Prior to City Engineer's signature on the final plat, the applicant shall remove all existing homes
and outbuildings as depicted on the proposed preliminary plat.
1.1.4 Prior to signature on the final plat, the applicant shall submit a vacation application to vacate a
portion of the platted utility easements created with the Golden Estates Subdivision.
1.1.5 The landscape plan, prepared by J-U-B Engineers, dated 10/10/12, is approved with the
following revisions:
• With the final plat submittal the applicant must include the landscape details for Lot 22, Block
3.
• The pond lot (Lot 8, Block 1) must comply with the standards set forth in UDC 11-3G-3G-
3B.8.
1.1.6 Future homes constructed with this subdivision shall substantially comply with the submitted
photos attached in Exhibit A. The future building restriction form shall note compliance with the
approved building elevations.
1.1.7 Common Lot 15, Block 1 shall be included with plat note #3.
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-3 and UDC 11-2A-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to E.
Victory Road is prohibited.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6. The applicant is responsible for coordinating with the adjacent
homeowner (83193250014) to ensure adequate surface water is being provided in accord with
State Statute.
1.2.4 Provide a pressurized in~igation 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. The applicant shall
complete the E. Falcon Drive street frontage improvements (curb, gutter and 5-foot
attached sidewalk) abutting Lots 26 and 27, Block 3.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
ExhibitB Page 1
EXHIBIT A
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC I 1-3C-6
for single-family dwellings.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C. All street buffers with detached sidewalks shall be measured from back of curb. Where
ACRD is anticipating future widening of the street, the width of the buffer shall be measured
from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an
average minimum separation of greater than four feet (4') to back of curb.
1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, easements, blocks, street buffers, and mailbox placement.
1.2.10 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.
1.2.11 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 shall be maintained by an owner's association as set forth in UDC 11-
3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances. Staff s failure to cite specific
ordinance provisions does not relieve the applicant of responsibility for compliance:
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 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 fmal plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-6B-7.
Exhibit B Page 2
EXHIBIT A
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 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
any mains that are required to provide service outside of a public right-of--way. 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 E. Victory Road and via an off-site
extension in E. Falcon Drive to S. Eagle Road. The applicant shall be responsible to install these
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 City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant shall 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..
2.4 The groundwater study data supplied by the applicant is from 2006. Please provide up to date
information.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic wells 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.
Exhibit B Page 3
EXHIBIT A
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 developrent 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 maybe 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 in~igation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineef shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The steel 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 amonnt 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.
Exhibit B Page 4
EXHIBIT A
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 proposed project has no Fire Department concerns.
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 IIIGHWAY DISTRICT (DRAFT CONDITIONS)
7.1 Dedicate 16-feet ofright-of--way from centerline of Victory Road abutting the site.
7.2 Construct a 5-foot wide detached concrete sidewalk on Victory Road abutting the site located a
minimum of 41-feet from the centerline of Victory Road abutting the site. Provide the District
with a permanent right-of--way easement for any portion of sidewalk located outside of the right-
of-way.
7.3 Construct Falcon Drive as half of a 36-foot street section plus 12 additional feet of pavement with
curb, gutter, and 5-foot wide concrete sidewalk abutting the site.
7.4 Construct Bay Star Way as a 52-foot street section, with curb, gutter and 5-foot wide detached
meandering sidewalk within 70 feet of right of way with a 10-foot wide by 130-foot long
landscape median at the entrance to Bay Star Way and Victory Road as proposed. Construct the
travel lanes to be 21-feet wide on each side of the median. This roadway shall align centerline to
centerline with Bay Star Way on the north side of Victory Road across from the site.
7.5 Construct a 5-foot wide detached concrete sidewalk on Bay Street Road abutting the site located a
minimum of 35-feet from centerline of Bay Street intersecting Victory Road butting the site.
7.6 The landscape median on Bay Star Way shall be platted as right-of--way owned by ACHD.
7.7 The Developer or Homeowners Association shall apply for a license agreement if landscaping is
to be placed within the median.
7.8 Redesign the sidewalks on Bay Star Way to run parallel to the adjacent roadway.
7.9 Construct the internal streets, Cullen Way, Cullen Drive, Pyrus Court, Danseur Avenue, and
Shaver Street as 36-foot sheet sections with curb, getter, and 5-foot wide attached sidewalk, as
proposed.
7.10 Construct the stub street, Shaver Street, to align along the property line of Lot 9 Golden Eagle
Estates, abutting the site to the east.
7.11 The applicant shall also be required to install signs at the terminus of the two stub streets (Cullen
Drive and Shaver Street) stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.12 Payment of impacts fees are due prior to issuance of a building permit.
7.13 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.
Exhibit B Page 5
EXHIBIT A
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD 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 ACHD shall repan• 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.
7.2.13 If the site plan or use should change in the fuhire, 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 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 ACHD
Commission.
Bxhibi[ B Page 6
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 Council shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with this
unified development code;
The Council finds that the proposed plat generally complies with the comprehensive plan
and is consistent with the UDC. The Council finds the proposed plat comports to the
dimensional standards of the R-4 zoning district and the subdivision regulations set forth
in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis
that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that services can be made available to accommodate the proposed
development.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Council finds that the, subdivision will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e, police, fue, ACHD, etc.) to determine this finding.
E. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety or environmental problems associated with
the development of the subdivision that should be brought to the Council's attention.
ACRD considers road safety issues in their analysis. The Council referenced all public
testimony presented to determine whether or not the proposed subdivision may cause
health, safety or environmental problems of which Commission and staff were unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
referenced all public testimony presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major importance of
which Commission and staff were unaware.
Exhibit C Page 1