Oak Leaf Subdivision - PP-13-005CITY OF MERIDIAN E IDIAN~
FINDINGS OF FACT, CONCLUSIONS OF LAW ~
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Preliminary Plat Consisting of 4Single-Family Residential
Building Lots and 2 Common Lots on 10.10 Acres for Oak Leaf Subdivision, Located North of
Chinden Boulevard; Approximately a'/4 Mile East of N. Black Cat Road, by Oak Leaf Development
Company.
Case No(s). PP-13-005
For the City Council Hearing Date of: April 23, 2013 (Findings on May 7, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri123, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of Apri123, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of Apri123, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of Apri123, 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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-005
-I-
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 Apri123, 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 approved per the conditions of approval
in the attached Staff Report for the hearing date of Apri123, 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. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-005
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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 Apri123, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-005
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By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL, MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
O¢~O~pT ~D A L~G~ST J
Attest: Y$L o~,
City of
E IDIZ IAN--
voaNo
aycee Iman, City Clerk FF SEAL ~~
~r ~•
6q ~~ the YRE ~5~~~
de Weerd
VOTED
VOTED_ I~
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
`~'' ~.
Bye----- Dated: ~ ~ ' ~~
City Clerk' O fi ~~~
~~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-005
~~
day of y 4 ~ ,
VOTED ~P ~
VOTED_~r/~~
-4-
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
E IDIAN~-
I~AHt3
SUBJECT:
April 23, 2013
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
PP-13-005 -Oak Leaf
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Oak Leaf Development Company, has applied for a preliminary plat (PP) consisting of
four (4) single-family residential building lots and two (2) common lots on approximately 10.10 acres
of land in an R-2 (Low-density Residential) zoning district. This property was annexed in 2006 as
part of the Tree Farm development. The existing home on Lot 4, Block 1 will remain as part of the
subdivision. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the preliminary plat (PP) with the conditions of approval in Exhibit B
in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning
and Zoning Commission heard this item on March 21, 2013. At the public hearing, the
Commission voted to recommend approval of the subiect PP request.
a. Summary of Commission Public HearinE:
i. In favor: Barry Simple
ii. In opposition: None
iii. CommentinE: None
iv. Written testimony: None
v. Staff presentinE application: Bill Parsons
vi. Other staff commentinE on application: Bruce Freckleton
b. Kev Issue(s) of Discussion by Commission:
i. Connecting the existing home to City utilities.
c. Kev Commission Change(s) to Staff Recommendation:
i. Modified condition of approval 1.1.6 chanEin~ the word shall to may.
d. Outstanding Issue(s) for City Council:
i. ConnectinE the existing home on Lot 4, Block 1 to urban services (water and sewer) and
the timinE for the connection. Since the P/Z hearinE, the applicant has provided staff
with a detailed letter and exhibit for providing City sewer to the property. Staff is
amenable to the proposal however; timing for the service connection is predicated on
the development of the adiacent property to the east and the consent of that property
owner. See Exhibit A. 5 for the proposed sewer route.
Council heard these items on Anri123.2013. At the nublic hearing. t
the subiect AZ. PP and ALT reauest
a:
~ in savor: Harry ~~mR -e
li: In opnosition: None
jji: Commenting: None
lY. Written testimony: B arry im lie, annlicant's renresentative
~ Staff nresentin~ annli cation: Bill Parsons
y1, Other staff commenti ng on annlication: None
Oak Leaf Subdivision - PP-13-005 PAGE 1
EXHIBIT A
.~ Key Issues of Discussion ]~ Council:
L None
~_ Key Council Chan,gec to Staff/Commission Recommendation
L ' red condition of annroval 1.1.7 to allow the sewer routing for th
ems' 1'n,~ home (Lot 4, Lot 1)~RrStnoced in Exhibit A.S.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-13-
005, as presented in the staff report for the hearing date of Apri123, 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-13-005, as
presented during the hearing on Apri123, 2013, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number PP-13-005 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 north of Chinden Boulevard and approximately a'/4 mile east of N. Black Cat
Road in Section 22, Township 4 North, Range 1 West. (Parcel #'s 50422244610; 50422315000;
50422314950)
B. ApplicanbOwner(s):
Oak Leaf Development Company
4042 W. Chinden Boulevard
Meridian, Idaho 83646
C. Representative:
Barry Simple, RiveRidge Engineering Company
2447 S. Vista Avenue
Boise, Idaho 83705
D. 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
and Zoning Commission and City Council on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: March 4, and 18, 2013(Commission); April 1 and 15,
2013 (Council)
C. Notices mailed to property owners within 300 feet on: February 28, 2013(Commission); March
28, 2013 (Council)
D. Applicant posted notice on site(s) on: March 7, 2013 (Commission); April 9, 2013 (Council)
Oak Leaf Subdivision - PP-13-005 PAGE 2
EXHIBIT A
VI. LAND USE
A. Existing Land Use(s) and Zoning: This subject property consists of a single family home and
several accessory buildings zoned R-2.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is rural
in nature but is rapidly transitioning with urban residential development. The primary zoning in
the area consists of RUT in the County or R-2 and R-8 zoned property presently developing as
Spurwing Grove Subdivision in the City.
C. History of Previous Actions:
• In 2006, the subject property was annexed as the Tree Farm (AZ-06-004) and was granted
approval with the R-2 zoning district. A Development Agreement (DA) (# 106151218) was
executed upon annexation of the property. Several addendums to the DA have also been
recorded (#107025555 and #107141993).
D. Utilities:
1. Public Works:
a. Location of sewer: This development lies within the North Black Cat service area, and
can be served with an extension from existing mains installed as part of the Spurwing
Greens Subdivision.
b. Location of water: Domestic water service to this development will be from United
Water of Idaho.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Phyllis Canal transverses the north boundary but is not located
within the confines of the proposed plat.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Low Density Residential (LDR) and Medium Density Residential (MDR)
on the Comprehensive Plan Future Land Use Map (FLUM). LDR areas are anticipated to contain up
to three dwellings per acre and the MDR areas anticipate densities ranges between 3 and 8 dwelling
units to the acre. The proposed preliminary plat includes four (4) single-family lots on 10.10 acres for
a gross density of 0.40 dwelling units/acre. The proposed density of the plat coincides with both land
use designation and UDC density requirements, albeit on the low side of the anticipated density
ranges.
Further comparison reveals the subject property is either surrounded by properties designated low
density residential, zoned R-2 or medium density residential, zoned R-8. The properties to the south
are developing with densities consistent with the MDR designation. Because this property and the
surrounding properties are designated with similar land uses and the underlying zoning coincides with
the designated land uses, staff is of the opinion the proposed plat complies with the Comprehensive
Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this application and the
proposed use of this property (staff analysis in italics):
Oak Leaf Subdivision - PP-13-005 PAGE 3
EXHIBIT A
• Require that development projects have planned for the provision of all public services.
(6.02.O1B, Chapter 6, page 84)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
- The lands are currently being serviced by the Meridian Fire Department (MFD).
- The lands are currently being serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services are available from the Meridian Building Department, the
Meridian Public Works Department, the Meridian Wastewater Department, the Meridian
Planning Department, Meridian Utility Billing Services, and Republic Services.
• Require usable open space to be incorporated into new residential subdivision plats(3.07.02A,
Chapter 3, page 55)
The UDC (11-3G-3) requires a minimum of 10% qualifted open space for the plat. The proposed
plat depicts 10% eligible open space (or 1.02 acres) which meets the requirements of the UDC.
Qual~ing open space includes two (2) passive open space lots.
• Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City (3.01.O1F, Chapter 3, page 45).
The subject property is within the City and urban services are available to be extended to the site.
At the time of annexation, urban services were not available to connect the existing home. Urban
services are required to be extended with the plat. The owner of the existing homes does not
desire to connect the existing home to urban services because the existing private services are
functioning properly. Per City ordinance, the existing home must connect once services are
available. Further, the recorded development agreement requires the abandonment of any
septic system once services are available. Any new homes constructed within the development
must also be provided urban services.
• Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow. (3.03.03C, Chapter 3, page 48)
During the review of the Spurwing Greens Subdivision (south and west of the proposed
development) a stub street was approved to provide future connectivity to the subject property.
The stub street is being extended with the development of the site. No other street connectivity is
being provided or required.
• 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 (Chapter 3, page 54).
This property annexed into the City in 2006. The approved concept plan depicted estates lots on
the property. Further, the approved Tree Farm development plan supports a mix of house types at
varying densities consistent with the comprehensive plan. Since a variety of housing is planned
for the area and this property is developing consistent with the approved concept plan, staff
believes the area provides a range of housing choices for multiple income levels.
Oak Leaf Subdivision - PP-13-005 PAGE 4
EXHIBIT A
• Reduce the number of existing access points onto arterial streets by using methods such as cross
access agreements, access management and frontage/backage roads (3.03.02N, Chapter 3, page
48).
Currently the existing home has an approved access to Chinden Boulevard. With the development
of the properties to the south a stub street was planned to provide future connectivity to this site.
Once the stub street is extended to the property the Chinden access must be vacated and access
must be taken from N. Tree Haven Place as proposed.
For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (iJDC)
A. Purpose Statement of Zone(s): Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family dwellings is a principal permitted use in the R-2 zoning district.
C. Dimensional Standards: Development of the site must be consistent with the dimensional
standards listed in UDC Table 11-2A-4 for the R-2 zoning district.
D. Landscaping: The subject site must comply with the common open space and site amenity
requirements listed in UDC 11-3G-3.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. 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 proposed preliminary plat consists of four (4) residential building lots and
two (2) common on 10.10 acres of land in an R-2 zoning district. The proposed lot sizes are in excess
of an acre and the proposed gross density of the subdivision is 0.40 dwelling units per acre is
consistent with the R-2 zoning district. NOTE: A small sliver of the property (southeast corner) is
zoned R-8. This zoning does not impact any of the buildable lots and will be platted as part of the
common lot and dedicated as right-of-way to facilitate access to the subdivision.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-4 for the R-2 zoning district; all lots comport to the R-2
dimensional standards set forth in UDC 11-2A.
On the submitted preliminary plat the applicant is proposing a minimum home size of 3,500 square
feet. The proposed home size exceeds 1,500 (single story) and 1,600 square foot (two-story) square
foot minimum required by the UDC.
Further, the proposed cul-de-sac length complies with the requirements set forth UDC 11-6C-3B.4.
Oak Leaf Subdivision - PP-13-005 PAGE 5
EXHIBIT A
Access: Currently the existing home has an approved access (driveway) to Chinden Boulevard. With
the development of the property to the south a stub street was planned to provide future connectivity
to this site. This street is being extended with the development of the site. Once the local street is
available, the current access to Chinden Boulevard must be vacated and all lots within the
development must take access from N. Tree Haven Place.
Sidewalks: The UDC requires sidewalks adjacent to local streets. The applicant proposes to
construct a rural street section with the proposed subdivision which does not include the
construction of a sidewalk. However, the design of the street section depicts a 4-foot wide striped
pedestrian zone along both sides of the street. ACHD has approved the proposed street section (see
Exhibit B). Staff is supportive of the applicant's street section subject to Commission and Council
approval.
Existing Structures: As mentioned above, the existing home and the accessory structures are to
remain with the development of the subdivision. The submitted plat depicts the location of the
structures. The existing structures appear to comport with the R-2 dimensional standards for setbacks.
The applicant has no desire to connect the existing home to urban services. At the time this property
was annexed urban services were not available. Utilities must be extended to and through with the
development of the property and City ordinance (UDC 11-3A-21C) requires connection to city sewer
and water services. Further, the recorded development agreement requires the abandonment of the
septic system once services are available. Staff recommends the applicant connect the existing home
to urban services.
Existing Easement: The submitted plat depicts a 15-foot wide overhead Idaho Power easement that
runs through Lots 3-5, Block 1. More than likely this easement will no longer be needed with the
development of the property. Staff recommends the applicant submit a vacation application
concurrent with a final plat application.
Open Space and Amenities: Per UDC 11-3G-3A, a minimum of 10% of the gross land area of the
development is required to be provided in common open space. Based on the total acreage of the
proposed plat, 10.10 acres, a minimum of 1.01 acres of open space is required to be provided on the
site per UDC 11-3G-3A.1 in accord with the qualifications listed in UDC 11-3G-3B.
The plat depicts 10% (or 1.02 acres) of eligible open space in compliance with UDC standards.
Proposed open space consists of two (2) passive open space lots meeting or exceeding the 50' x 100'
square feet.
Per UDC 11-3G-3A.2, one additional site amenity that meets the standards set forth in UDC11-3G-
3C is required for each additiona120 acres of development area. Based on the total acreage of the
proposed plat, 10.10 acres, one amenity must be provided. The applicant is proposing a picnic area on
each of the proposed common lots. Staff is supportive of the proposed amenities. A detail of the
picnic areas must be submitted with the final plat application.
Waterways: Per UDC 11-3A-6A, all ditches, laterals, and canals within the site are required to be
piped or otherwise covered.
Fencing: The applicant has not submitted a fence detail for the proposed subdivision. All fencing
must comply with the fencing standards outlined in UDC 11-3A-7.
Building Elevations: Elevations were submitted with the subject application. Staff has created a
collage that represents the proposed home designs for the development. Staff is supportive of the
construction materials and design features represented in the collage. Future homes constructed
within the subdivision must comply with the elevations attached in Exhibit A.4 below.
In summary, Staff recommends approval of the proposed preliminary plat with the recommended
conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C.
Oak Leaf Subdivision - PP-13-005 PAGE 6
EXHIBIT A
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 02/06/13)
3. Proposed Landscape Plan (dated: 02/14/13)
4. Proposed Building Elevations
5. Proposed Sewer Connection for the Existing Home (Lot 4, Block 1)
B. Conditions of Approval
C. Required Findings from Unified Development Code
Oak Leaf Subdivision - PP-13-005 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
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Oak Leaf Subdivision - PP-13-005 PAGF, 7
EXHIBIT A
2. Proposed Preliminary Plat (dated: 02/06/13)
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Oak Leaf Subdivision - PP-13-005 PAGE 8
EXHIBIT A
3. Proposed Landscape Plan (dated: 02/14/13)
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Oak Leaf Subdivision - PP-13-005 PAGE 9
EXHIBIT A
4. Building Elevations
Oak Lcaf Subdivision - PP-]3-005 PAGE ]0
EXHIBIT A
5. Proposed Sewer Connection for the Existing Home (Lot 4 Block 1 ~
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Oak Leaf Subdivision - PY-13-005 PAGE 11
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EXHIBIT A
EXHIBIT B -AGENCY & DEPARTMENT CONDITIONS OF APPROVAL
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 The Applicant shall comply with all previous requirements of this site associated with AZ-06-004
and the Development Agreement (Instrument No. 106151218, 10702555 and 107141993) in
effect for the Tree Farm development.
1.1.2 All ditches, laterals, and canals within the site are required to be piped or otherwise covered
unless explicitly waived by City Council in accord with UDC 11-3A-6A.3.
1.1.3 The landscape plan, prepared by Jensen Belts, dated 02/14/13, shall comply with the following:
• Provide a minimum of 1.02 acres of common open space and include the following
amenities: two (picnic areas) as proposed. Provide a detail of the picnic areas with the
submittal of the final plat application.
• All fencing shall be designed according to UDC 11-3A-7.
• Construct Lot 1 and Lot 5, Block 1 as proposed on the submitted landscape plan. The planned
street trees shall not impede the function of road swales. The applicant shall coordinate
placement of the street trees with ACHD.
1.1.4 Future homes constructed within the subdivision must generally comply with the submitted
elevations attached in Exhibit A.
1.1.5 All lots within the proposed subdivision shall take access from N. Tree Haven Place. The existing
access (driveway) to Chinden Boulevard shall be vacated.
1.1.6 The applicant shall may vacate the 15-foot wide overhead Idaho Power easement that runs
through Lots 3-5, Block; submit the vacation application concurrent with a final plat application.
1.1.7 The applicant shall connect the existing home (Lot 4, Block 1) to urban services (sewer and
water); existing wells and septic systems shall be abandoned per the recorded development
agreement. Coordinate with United Water on the water service connection. The sewer connection
to the existing home on Lot 4. Block lshall be routed as shown in Exhibit A.S. Connection to
Citv sewer will be reauired at the time the nronerty to the east (future phase of the Spurwing
Greens Subdivision (PP-10-00111 develops.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-2 zoning district listed in UDC
Table 11-2A-4.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The striped walkways
adjacent to the driving surface shall suffice as the required sidewalks subject to ACRD approval
of the road section.
1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
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EXHIBIT A
1.2.6 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, driveways, easements, blocks, street buffers, and mailbox
placement.
1.2.7 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.
1.2.8 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 The project is subject to all current City of Meridian ordinances.
1.3.3 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.5 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.
1.3.6 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3 G-3F 1.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
1.4.7 Staff failure to site any specific ordinance provisions or the terms of the approved Tree Farm
annexation and development agreements does not relieve the applicant from responsibility of
compliance.
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EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 This development lies within the North Black Cat service area, and can be served with an
extension from existing mains installed as part of the Spurwing Greens Subdivision. 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 Domestic water mains to provide service to this development will be from United Water of Idaho.
Per Meridian City Code, the applicant shall be responsible to install water mains to and through
this development.
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 2005. Please provide up to date
information.
2.5 Any existing structures that are required to be removed shall be removed 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.
2.11 All development improvements, including but not limited to sewer, water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
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EXHIBIT A
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 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.
2.17 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.
2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.19 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.
2.20 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required at intersections, corners, cul-de-
sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work
and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications
to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500
for information on the locations of existing street lighting.
2.21 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.
2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to the plat design submitted with the application.
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EXHIBIT A
4. FIRE DEPARTMENT
4.1 The Fire Department has no concerns related to the plat design submitted with the application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns related to the plat design submitted with the application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no concerns related to the plat design submitted with the application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct Treehaven Place as a rural local street section with a 30-foot wide paved surface, 2 feet
of ribbon curbing, 4-foot wide striped pedestrian paths, and 8-foot wide drainage swales within
52 feet ofright-of--way, as proposed.
7.1.2 Construct Treehaven Place to intersect with Sugar Tree Drive 200 feet north of Pira Street, as
proposed.
7.1.3 Payment of impacts fees are due prior to issuance of a building permit.
7.1.4 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 ACRD right-of--way.
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 repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of--way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
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EXHIBIT A
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
ACRD 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.
7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the 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.
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EXHIBIT A
C. Required Findings from Unified Development Code
Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan and is consistent with this
Unified Development Code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services are available and will continue to be provided to
the subject property. See Exhibit B of the Staff Report for more details from public service
providers.
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because water and sewer and any other utilities will be provided by the developer at their
own 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;
Some services are already being provided to the subject development. The Council finds
there is public financial capability of supporting and continuing services for/to this
development.
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 platting of this property. ACHD considers road safety issues in their analysis.
The Council considered public testimony presented to determine whether or not the
proposed subdivision may cause health, safety or environmental problems of which the
Commission and Staff are unaware.
f. The development preserves significant natural, scenic or historic features.
The Council does not find there are any significant natural, scenic or historic features that
will be lost with development of the site.
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