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Zebulon Commons PP-013-017CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~~~ ~~~ In the Matter of the Request for Preliminary Plat for Zebulon Commons Subdivisi ' on Consisting of 38 Single-Family Residential Building Lots and 4 Common/Other Lots on 13.56 Acr ' es of Land in an R-8 Zoning District, Located South of E. McMillan and West of N. Ea le Road on the N Side of E. Wainwri ht Drive b Th g orth g y e Traditions by Amyx II, LLP. Case No(s). PP-13-017 For the City Council Hearing Date of: September 17, 2013 (Findin son October 1 2013 g ~ ) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 17, 2013 inco orated rp by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 17, 2013 inco orated rp by reference) 3. Application and Property Facts (see attached Staff Report for the hearin date of Se tember 17 2013, inco orated b referenc g p ' rp y e) 4. Required Findings per the Unified Development Code (see attached Staff Re ort for the hearin date of Se tember 17 2013 inco p g P rporated 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 Develo ment Code codified at p Title 11 Meridian City Code, and all current zoning maps thereof. The Ci of Meridian has b ~' ~ Y ordinance, established the Impact .Area and the Amended Comprehensive Plan of the Ci of Meridian which was ad ~ ~ opted April 19, 201 1, Resolution No. l 1-784 and Maps. 3 . The conditions shall be reviewable by the City Council pursuant to Meridian Ci Code 11-SA. ~' § 4. Due consideration has been given to the comment(s) received from the overnmental g subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed develo ment will not im ose expense u on the ublic if the atta p P p p ched conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-017 -1- 6. That the City has granted an order of approval in accordance with this D ' ' ' signed b the Ma or and Ci ecision, which shall be Y y ty Clerk and then a copy served by the Clerk upon the ap licant, the Planning Department, the Public Works De artment p p and any affected party requesting notice. 7. That this approval is subject to the Conditions of Ap royal all in the attached P Staff Report for the hearing date of September 17, 2013, incorporated by reference. The conditions ar be reasonable and the a lic e concluded to pp ant 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 Ci Code 11-SA and ba the above ~ ~' § sed upon and foregoing Findings of Fact which are herein adopted, it is hereb ordered that: Y 1. The applicant's request for preliminary plat is hereby conditionall a roved er the condi i Y Pp p tons of approval in the attached Staff Report for the hearing date of Se tember 17 2013 attached a Exhibit A. p s D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined prelimina and final lat or short plat shall become null and void i • ~ ~ p ' f the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the prelimina lat or the combined prelimina and final lat or sho ~ p ry p rt plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive hases in an orderly and reasonable manner and confo p rms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, ma be considered for final approval without resubmission for y preliminary plat approval (UDC 11-6B-7B}. Upon written request and filed by the applicant prior to the termination. of the eriod in accord with 11-6B-7.A, the Director ma authortz p y e 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 u to two (2}years as determined and a roved b the Ci p . pp y ty Council maybe 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 Ci Code Title 11. If the above timet ~ able is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure a ain UDC 11- 6B-7C . g ( 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 de a lication entitl ~ velopment pp es 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-ei ht 28 da s after the final de ' ' g ( } y cision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review ma be filed. Y CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-017 -2- 2. Please take notice that this is a final action of the overnin bod ' g g y of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, an affected erson ' who has an interest ' y p being a person in real property which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision an seek a 'udicial review as r d order J p ovided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 17 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-I3-017 -3- By action of the City Council at its regular meeting held on the ~. g~ day of ~ ~~-~ 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD VOTED~~ VOTED~~ VOTED VOTED. ~- Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B Dated: ! Q - (~ i Cler ' ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-] 3-017 -4- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) EXHIBIT A STAFF .REPORT Hearing Date: September 17 2013 T0: Mayor & City Council ~, FROM. Sonya Watters, Associate Ci Planner u 208-884-5533 SUBJECT: PP-13 -017 -Zebulon Commons I. SUMMARY DESCRIPTION OF APPLICANT'S RE VEST Q The applicant, The Traditions by Amyx II, LLP, has a lied for a r 3 8 residential buildin Pp p eliminary plat (PP) consisting of g lots and 4 common/other lots on 13.56 acres of land in an R-8 zo ' ' for Zebulon Commons subdivision. See Sect' ping district ion IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP a lication in accor ' ' in Exhibit B and th pp d with the conditions of approval e Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Plannin & Zonin Commission heard this item o n Au ust 15 2013. At the ublic hearin the Commission moved to recommend a royal of ' the sub ect PP re nest. a. Summary of Commission Public Hearing; i. In favor: Beck McKay ii. In opposition: None iii. Commentin :Mark Thom son• Dave Bellam iv. Written testimony; Becky McKay v. Staff presenting application: Sonya Watters vi. Other staff commentin on a lication: None b. Ke Issue s of Discussion b Commission: i. The re uirement for a street buffer ad'acent to Wainwri h ' t Drive in front of the existing home on Lot 4, Block 4; ii. The existin access easement via Ea le Road for the roe • where the existin home is located (Lot 4, Block 4). c. Ke Commission Chan e s to Staff Recommendation: i. Modif condition #1.1.4b in Exhibit B to clarif that altern ' re nested to UDC 11-3 - ative com Hance can be B 7C.2a to allow the street buffer on Lot 4 Block 4 to be laced within an easement rather than a common lot• or if a common to ' ' minimum 60-foot wide stree t is rovided a t fronta a shall be rovided internall from within the subdivision for Lot 4 Block 4 in com Hance with UDC Table 11-2 - • • com Hance ma also be A 6 and alternative re nested to the width of the street buffer re wired b UDC Table 11-2A-6 per UDC 11-3B-7C.lc. d. Outstanding Issue(s) for City Council: 1. None .. . • .. ouncil approved the suhipct PP rpn»pet ~ In tay~r: Keclrv McKav .. ~ In opposition: None i~ enting: Mark Thompson ritten to timonv: None Zebulon Commons PP-013-017 PAGE 1 EXHIBIT A ~ taff nre enting annli cation: onva Watter. the taff commenti nv on annlication: None ~ _ ev Issue , of niscnccin by Coun ' • ~ ~ • L ,nt ome on 4. Block 4• .. ~ • ~ ev Coun cil Changes to s taff Commiccinn Rprnmmp • ~ . , r . .. Block 4 to be remove or relocatPr~ (delete condition #1.1.61. ... ~ . at the northea t corne r of the site III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-13- 017, as presented in the staff report for the hearing date of September 17, 2013, with the followin modifications: (Add an ro osed modifications . g YP p ) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-13-017 as presented during the hearing on September 17, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers PP-13-017 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 AddresslLocation: The site is located south of E. McMillan Road and west of N. Eagle Road, in the NE ~/4 of Section 32, Township 4 North, Range 1 East. (Parcel #'s: 50532132340 & 50532121213) B. Owner(s): The Traditions by Amyx II, LLP 13967 W. Wainwright Drive, Suite 102 Boise, Idaho 83713 Mark Thompson P.O. Box 140124 Boise, ID 83 714 C. Applicant: The Traditions by Amyx II, LLP 13967 W. Wainwright Drive, Suite 102 Boise, Idaho 83713 Zebulon Commons PP-013-017 PAGE 2 EXHIBIT A D. Representative: Becky McKay, Engineering Solutions,. LLP 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83 642 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 Plannin & Zoning Commission and Ci Council on this ma ' ' ~ g ty tter, consistent with Meridian City Code Title 1 1, Chapter 5. B. Newspaper notifications published on: July 29, and August 12, 2013 (Commission ; Au ust 26 . ) and September 9, 2013 (Cl , Council) C. Notices mailed to subject property owners on: July 18, 2013 (Commission); Au ust 22 2013 Ci Council D. Applicant posted notice on site(s) on: August 5, 2013 (Commission); Se tember 6 2013 Ci Council VI. LAND USE A. Existing Land Use(s) and Zoning: There is an existing residential home on one of the subject J parcels; the other two parcels consist ofvacant/undeveloped land, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties, zoned R-1B in Boise 2. East: Vacant land, zoned R-1 C and N-OD in Boise 3. South: Single-family residential properties, zoned R-4 4. West: Residential property in the development process, zoned R-4 C. History of Previous Actions: • In 2005, this site was annexed (AZ-OS-047, Ordinance #OS-1208) as part of Milford Creek subdivision and zoned R-8. A development agreement was not required as a provision of annexation. A preliminary plat (PP-OS-050) was also approved that consisted of 48 single-family residential building lots and 7 common/other lots on 13.56 acres of land. • In 2007, a final plat (FP-07-O15) was approved for the first phase of development. The developer did not obtain the City Engineer's signature on the final plat within two years of approval of the preliminary plat as required and the preliminary plat expired. D. Utilities: 1. Location of sewer: The sanitary sewer main intended to provide service to this development is currently under construction in E. Milford Street. 2. Location of water: Two domestic water mains are intended to provide service to this development; one currently exists in E. Wainwright Drive, and the other one is under construction in E. Milford Street. Zebulon Commons PP-013-017 PAGE 3 EXHIBIT A 3. Issues or concerns: Domestic water and sewer service is contin ent on the orderl ' of the utilities within Zebul g y completion on Village Subdivision. Due to fire flow concerns, the water main in E. Milford Street must be completed and activated, and the sanita sewer main coin leted and tested ri • • . • • ~' must be p p or to any building activity in this subdivision. E. Physical Features: 1. Canals/Ditches Irrigation: There North Slough canal runs across the northeast corner ' site. of this 2. Hazards: Staff is not aware of any hazards that exist on this ro e p p ~'• 3. Flood Plain: This property does not lie within a floodplain or floodwa . y VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" (MDR) on the Com rehensive Pl Land Use Ma FLUM .The MD P an Future p ( ) R designation allows smaller lots for residential u oses within City limits. Uses ma include sin le-famil h P ~ Y g y Dines at densities of 3 to 8 dwelling units per acre. This site is currently zoned R-8. The applicant proposes to develo the site with 3 8 sin le-farm homes at a ross densi p g ly g ty of 2.8 dwelling units (d.u.) per acre with a net density of 3.44 d.u. er acre which is slightly below the tar et densi of the MDR d P g ty esignation. Staff finds the following Comprehensive Plan policies to be applicable to this a lication and a the ro osed use of this ro pp pply to P p p perty (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-hi h and hi h-densi sin le-famil multi-famil town g g ~ g y~ y, houses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." The proposed preliminary plat is for a medium density single famil residential develo went which should add to the vane y p ' ty of housing opportunities available in the City. • "Provide housing options close to employment and shopping centers." The proposed residential development will provide housing opportunities in close roximi to the commercial corridor alon Ea p ~ g gle Road for employment ~ shopping. • "Require new residential development to meet development standards re ardin landsca in signa e, fences and walls etc." g g p g' g , All common area and pathway landscaping is required to comply with the standards listed in UDC 11-38 and 11-3G-3. Separate permits shall be obtained for signa e and encin . Fence g f g ng shall comply with the standards listed in UDC 11-3A-7. • "Require usable open space to be incorporated into new residential subdivision lats." P The applicant proposes to provide 2.5 acres (or 18.4% of the site o common o en s ace f p p within the subdivision, consistent with the minimum open space re uirements listed in UDC 11-3G-3. q • "Protect existing residential properties from incompatible land use develo ment on ad'acent p ~ parcels." The site abuts other existing and future single family residences. Because the existing, future and proposed uses are all single family residential, the proposed development should be compatible. Zebulon Commons PP-013-017 PAGE 4 EXHIBIT A • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." Water and sewer services are available to be extended to the subject property upon development. Police and fire protection are already provided as the proper is within the existing City limits. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A- 1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive lan. Residential districts are distin uished b th p g y e 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 princi al ermitted (P , accesso A conditional C ' ' ~ ~ p p ry ( ), O, and prohibited (-) uses m the R-4 zoning district. An use not Y explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the pro e for p ~Y single-family dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off Street Parking: Off street parking is required in accord with UDC Table 11-3 C-6 for sin le- g family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The proposed plat consisting of 3 8 building lots and 4 common/other lots on 13.56 acres of land in the R-8 zoning district is generally consistent with the MDR future land use map desi nation g for this property (see analysis above in Section VII). The minimum lot size proposed is 9,000 square feet (s.f.) with the average lot size being 10,846 s.f. Minimum living area of proposed dwelling units is 1,400 square feet (s.f.). Existing Structures: There is an existing home and garage on Lot 4, Block 4 at the southeast corner of the site that are proposed to remain; the existing barn located on proposed Lot 5, Block 4 will be removed. Any existing structures that do not comply with the required building setbacks are required to be removed prior to City Engineer signature on the final plat. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.56 for the R-8 district and found it to com 1 pY with the minimum standards. Access: The primary access for this subdivision is at the south property boundary via E. Wainwright Drive. A secondary access is provided at the east boundary via W. Milford Drive, an existing stub street from Milford Creek Subdivision. A stub street is proposed at the west boundary for future connection to Zebulon Village subdivision. The applicant requests approval from Council to retain the existing 20-foot wide drivewa for the Y existing home via Wainwright Drive. ACRD has approved this request contingent upon the applicant paving the existing driveway its full width at least 30 feet into the site from the ed e of g pavement. There is also an existing access easement for this home via N. Eagle Road. This easement must be vacated prior to signature on the final plat by the City Engineer. Zebulon Commons PP-013-017 PAGE 5 EXHIBIT A Pathways: A pedestrian pathway is proposed through the linear o ens ace. Amulti-us is not desi nated on the M p p e pathway g aster Pathways Plan for this site. Sidewalks/Parkways: A 5-foot wide attached sidewalk exists alon E. Wainwri ht Drive. Detached sidewalks are ro osed i g g p p nternally with 6-foot wide parkways. Root barriers are required to be installed with 6-foot wide parkways or 8-foot wide parkwa s ma be installed witho Y Y ut the requirement for root barriers. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A .3. A 20-foot wide landscaped street buffer is required along E. Wainwri ht Drive a collector r as shown on the landsca a lan in g ~ st eet, p p accord with the standards listed in UDC 11-3B-7C. A street buffer is also required on Lot 4, Block 4 adjacent to Wainwri ht and should be de icted in g p a common lot on the final plat in accord with UDC 11-3B-7C.2a. Alternative Com liance m be requested to UDC 11-3B-7C.2a in accord with p ~ UDC I1-SB-5. Open Space & Site Amenities: A minimum of 10% of the site is re uired to consist of o en space in accord with UDC 11-3 G- q p 3A; qualified open space is defined in UDC 11-3G-3B. The site consists of 13.56 acres; therefore, a minimum of 1.36 acres of qualified o ens ace is re uire be rovided. The lat de is p p q d to P p pis 1.64 acres of qualified open space consisting of a pocket park, landscaped street buffers and parkways, consistent with this re uirement. q In accord with UDC 11-3 G-3A.2, a minimum of one site ameni is re uired to be rovided ' this develo ~' q p with pment as defined in UDC 11-3 G-3 C. The applicant proposes playground a ui ment within the large common area on Lot 7 Block 2 in q p compliance with this requirement. Fencing: No fencing is depicted on the landscape plan. Fencing adjacent to all athwa s and common o ens ace areas shall • ~ p Y p p comply with the standards listed in UDC 11-3A-7A. A fencing plan should be submitted with the final plat application that is consistent with the standard ' s listed in UDC 11-3A-7. There is an existing 6-foot tall fence at the back of the sidewalk adjacent to Wainwri ht Dri Lot 4, Block 4. This fence does n . ~ g ve on of comply with standards listed in UDC 11-3A-7 and UDC 11- 3B-7C.2canl will need to be removed prior to signature on the final lat b the Ci En in p Y tY g eer. In summary, Staff recommends approval of the proposed prelimina lat re uest or this site with the recom ~ p q f mended condltlons listed in Exhlblt B of this report in accord with the indin s contained in Exhi ' ~ g bit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 5/23/13) 3. Proposed Landscape Plan (dated: 5/28/13) 4. Detail of Proposed Plav~round Eauiament B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Zebulon Commons PP-013-017 PAGE 6 EXHIBIT A A. Drawings 1. 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' N b~3'~i'aC+~k~ KPi.3wa ~ M,. ,4,, t lM64i1NTei1 '~ ,~ ~~ 4Kr ~ .+wi a R{E wax+ s~ r'. rvwr+~+! its ate. qmr~ w n~~r; Exhibit A Page 2 EXHIBIT A 4. Detail of Proposed Play~round EQuibment ~ .., , , ~ . ~ ~~ °~~, e,~~ ~: ~. r~y ~..<? _ E? ~ i~ ~ v :rm . pb! d7cmt ~ ~ @C ,'~ o k a~,~ nom, ~ ter; n ydsW ~ 4 M ad 9anp4Mt ~nim ~ Jens a41t ttlaa A _,_ Y ~ {"~~ ~-.,....~ ire f! ! d it tsbld re+rssdF ~ Rr?ek C6 _ ._, , ._ .. Ata1r~Y~titdrld~atOttwdi~ts r~1er b ~ ~ r s~# tp~ 7i~ ;w: . Cnr n . PiG~ ~ !t ~ ~ aallt ie~! N ~t ribc 1 ~ f6~o C,4mber ~ ~gt1aN! lit ~tlAbugke Ac ~St k ~t idp attmat t b0 SG~ara ' d 61I!!.:_ A ah zllat dx ~, ~~ ~~~`~ ~ $hingla a ~ r R~1p~ ` ;;^~y~. 4 ft~Vis ~t tr im erda :. _ apYat z~~ . ~~~~~~ Y s ~ +ef4 .... at at r.. Psi ~ r ~ - " ~ Siide , ~ 1x .,.c. ~' r.~y~---•~ `~„ ~c~ ~ ~7AR 1(ApAI YI i7~CItW ` ~°. _' ~~ I"u rnors'a ~'oBr 11ta'~ta+n~etreae6^~bi+all+a5i l~#~wssltf~rttllw6 lL adrm ~ e b ebd bi ai atds s Ei 4 k bcu~le .. tag t ~ is ~t di-k ta+ryti met ~ k atria SCde .. _ WC~41 t CC: ~1'~Pee4i~ynt}irYYpY~ :r o 1Mkip tailr~lia b IMpgalr i916ei d " •tidaRrtt+~~ae~r tlr vprad obkt aeai l~ h d . .._ .. ~. _ lkrsd i~ _:~;..leac Yet mb t iR ~.{y'LRt '~ PS3.3~~4 S;S,'?;i '~' .nr Y. Bever ~ Srr~~ S bf 2 Norse -2- . ~ :. ~~~1I ~i Fer 9~ ; .[ EXHIBIT A B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1,1.1 The applicant shall submit a fencing plan with the final plat a lication. All ro osed and/or pp p p required fencing shall be consistent with the standards as set forth in UDC 11-3A-7 and 11-3A- 6B. Fencing adjacent to pathways and interior common open space areas shall not exceed four 4 feet in hei ht if close ' ' ( ) g d vision fencing is used or six (6) feet in height if open vision fencin is g used. 1.1.2 The applicant shall provide a minimum of 1.64 acres (or 12.09%) of common o ens ace as depicted on the lat and landsca e lan p p p p p attached in Exhibit A. 1.1.3 The applicant shall provide a minimum of one (1) site amenity in accord with UDC 11-3 G-3 C consisting of playground equipment as shown on the landscape plan. 1.1.4 The final plat shall depict the following: a. A note identifying all common lots along with who will own and maintain said lots. .. , . , . . .. c. A 20-foot and 30-foot wide easement is depicted along the northern bounda of the subdivision; include the name of the easement holder and/or description of the easement. d. Include a note stating direct lot access via E. Wainwright Drive is prohibited exce t for one (1) 20-foot wide drivewa to Lot 4 Bl p y ock 4. Access to N. Eagle Road is prohibited for Lot 4, Block 4. 1.1.5 The landscape plan submitted with the final plat shall depict the followin : g a. Parkway widths are allowed to be 6 feet as shown if root barriers are provided in accord with the UDC 11-3A-17E; or, the parkways should be widened to a minimum of 8 feet if root barriers are not provided. •• .. .. . ~Tn~~ n+nr+~nr~~ ~~r+n m 1 ~ '1~ 7~ ~i ' rl ' T TTl('' 1 1 2 A 7 nr~~ T TTIr ~^ -rrrr-r-~ , .rL~.i iii v 1/ v 1 1 ~~ ~-C-Z ~ 1.1.7 The applicant shall construct playground a ui ment on the site as qp a site ameni consistent with that resented at the ublic hearin s shown in Exhibit A.4 `~"- n 41~A~" AH41~1l~n~1llY1 1111 1.1.8 The existing barn on proposed Lot 5, Block 4 shall be removed prior to si nature on the final lat g p by the City Engineer. -3- EXHIBIT A 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zonin district list ' g ed m UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drama e co g urses, as set forth in UDC 11-3A-6. 1.2.5 Construct the pathway and adjoining fencing and landsca in consistent with the sta p g ndards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.2.6 Provide a pressurized irrigation system consistent with the standards as set forth in UD - C 11 3A- 15, UDC 11-3 B-6 and MCC 9-1-2 8. 1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11- - 3B SJ. 1.2.9 Construct all off street parking areas consistent with the standards as set forth in UD - C 11 3C-6 for single-family dwellings. 1.2.10 Construct the required landscape buffers consistent with the standards as set forth in - UDC 11-3B 7C. 1.2.11 Construct storm water integration facilities that meet the standards as set forth in UD - C 113B- 11C. 1.2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E 1 - - 13G 3B5 and 11-3B-7C. 1.2.13 Comply with all subdivision design and improvement standards as set forth in UD C 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common drivewa s Basemen blocks, street buffers and mailbox Y ~ ts, placement. 1.2.14 Protect any existing trees on the subject property that are reater than four-inch call g per and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.16 Comply with all provisions of UDC 11-3A-3 with regard to maintainen the clear vi ' g sion triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuin obli anon to rovide irri ' g g p gatlon that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landsca in as p g set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained b an owner's asso i ' forth in UDC 11-3 G-3 F 1. y c atlon as set 1.3.3 The project is subject to all current City of Meridian ordinances and revious con ' ' a royal associate p ditions of pp d with this site (AZ-OS-047). 1.3.4 The applicant and/or property owner shall have an ongoin obli anon to rune all r g g p t ees to a minimum height of six feet above the ground or sidewalk surface to afford reater visibil' area. g ity of the 1.3.5 The applicant shall have an ongoing obligation to maintain all athwa s. p Y -4- EXHIBIT A 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3 A-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 maybe accepted for other improvements in accord with UDC 11-SC-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1 }obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 The sanitary sewer main intended to provide service to this development is currently under construction in E. Milford Street. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Two domestic water mains are intended to provide service to this development; one currently exists in E. Wainwright Drive, and the other one is under construction in E. Milford Street. The applicant shall be responsible to install two water connections due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Domestic water and sewer service is contingent on the orderly completion of the utilities within Zebulon Village Subdivision to the west. Due to fire flow concerns, the water main in E. Milford Street must be completed and activated, and the sanitary sewer main must be completed and tested prior to any building activity in this subdivision. 2.4 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or -5- EXHIBIT A 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. 2.6 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adj acent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 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. 2.10 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. 2.11 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. 2.12 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. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3 H. 2.18 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. 2.19 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. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation andlor drainage facility within this project that do not fall under the jurisdiction of an irrigation district -6- EXHIBIT A 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 re uired before a certificate q of occupancy is issued for any structures within the project. 2.21 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. 2.22 100 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, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.23 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. 2.24 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 ears. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Correct deficiencies or replace deteriorated facilities along Wainwright Drive abutting the site, such as sidewalk, curb, gutter, pedestrian ramps, etc. 7.1.2 Construct all internal streets as proposed, with 36 foot street sections with rolled curb, gutter, 6 foot wide landscape buffers, and 5 foot detached sidewalks. -7- EXHIBIT A 7.1.3 Provide a permanent right-of way easement for sidewalk placed outside of the dedicated right-of way for all internal roads. The easement shall encompass the entire area between the right-of way line and 2 feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of way or wholly within an easement. 7.1.4 Provide a minimum offset of 125 feet from any other street for all local internal roadways, as proposed (measured centerline to centerline). 7.1.5 Construct Milford Street as a 36 foot street section with curb, gutter, 6 foot wide landscape buffer and 5 foot wide detached sidewalk with a length of 144 feet (measured centerline to near edge), as proposed. 7.1.6 Install a sign at the terminus of the stub street, Milford Street, stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.7 Pave the existing driveway onto Wainwright Drive its full width and at least 30 feet into the site beyond the edge of pavement of the roadway. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 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 ACPID 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 3 87-6280 (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 ACI-ID 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 ACPID 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 ACRD right-of way. The applicant shall contact ACRD Traffic Operations 3 87-6190 in the event any ACRD 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 3 87-625 8 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable -s- EXHIBIT A 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 ACRD 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACI-ID. 7.2.12 If the site plan or use should change in the future, ACRD 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 ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD Commission. -9- EXHIBIT A C. Required Findings from Unified Development Code Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. -10-