Village at Cold Creek Subdivision RZ-13-009 PP-13-023CITY OF MERIDIAN E IDIAN~
FINDINGS OF FACT, CONCLUSIONS OF LAW ~-
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning
District; and Preliminary Plat for The Village at Cold Creek Subdivision Consisting of Sixteen (16)
Single-Family Residential Detached Building Lots and Three (3) Common/Other Lots, Located on
the North Side of W. Ustick Road, Approximately'/a Mile East of N. Ten Mile Road, by Hayden
Homes Idaho, LLC.
Case No(s). RZ-13-009; PP-13-023
For the City Council Hearing Date of: November 6, 2013 (Findings on November 26, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 6,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 6, 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). RZ-I3-009; PP-13-023
-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.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 6, 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 a rezone is hereby approved with the requirement of a development
agreement per provisions in the attached Staff Report for the hearing date of November 6,
2013, attached as Exhibit A.
2. 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 November 6, 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).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-I3-009; PP-13-023
-2-
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the 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
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 November 6, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-009; PP-13-023
-3-
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
~~~ day of ~p 1I ~Q„QfL_ ,
VOTED
VOTED
VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED ~-
(TIE BREAKER) _ .____. ___ __
,~ .,L
Mayor Tim de Weerd
/'
Attest:
~ ~ ..
~,, ~ ~~,~
aycee Ho i Clerk _ ~, , e: ,, .,, ~, ~
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
i
~• ~ Dated: ~ (" ,~ ~' " (~
City Cle4•k'~' ffice
CI"1'Y OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-009; PP-13-023
-4-
EXHIBIT A
STAFF REPORT Hearing Date: November 6, 2013
TO: Mayor & City Council E IDIAN~---
FROM: Sonya Wafters, Associate City Planner I D A H O
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: The Village at Cold Creek Subdivision - RZ-13-009; PP-13-023
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The property owner/applicant, Hayden Homes Idaho, LLC, has applied for a rezone (RZ) of 4.38
acres of land from the R-4 to the R-8 zoning district; and a preliminary plat (PP) consisting of 16
single-family residential detached building lots and 3 common/other lots for The Village at Cold
Creek Subdivision. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on October 3, 2013. At the
public hearing, the Commission moved to recommend approval of the subject RZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Ross Erickson, Anolicant's Representative
ii. In opposition: None
iii. Commenting: John Schafer
iv. Written testimony: Ross Erickson
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(sl to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
~_ ummarv of City Council Public Hearing:
L In favor: Mike Grego ry: Ross Erickson
1L In opnosition: Paula Bennett
iii. Commenting: None
'
lY, Written testimony: R s Representative
oss Erickson. Annlicant
Y, s2LaIL
Y11 Othe
lt.. ~x Iss.. ~
L None
Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 1
EXHIBIT A
~ Kev Council Chan,~es to Staff/Commission R .enmmenrdatinn
its None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-13-
009 & PP-13-023, as presented in the staff report for the hearing date of November 6, 2013, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move deny File Numbers RZ-13-009 &
PP-13-023, as presented during the hearing on November 6, 2013, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers RZ-13-009 & PP-13-023 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 north side of W. Ustick Road, approximately'/4 mile east of N. Ten
Mile Road, in the SW'/4 of Section 35, Township 4 North, Range 1 West. (Parcel #50435346700)
B. Owner(s):
Hayden Homes Idaho, LLC
2464 S.W. Glacier Place, Ste. 110
Redmond, OR 97756
C. Applicant:
Same as owner
D. Representative:
Ross Erickson, Erickson Civil, Inc
6213 N. Cloverdale Road, Ste. 125
Boise, Idaho 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone and 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: September 16, and 30, 2013 (Commission); October 14,
and 28, 2013 (City Council)
C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission);
October 10, 2013 (City Council)
D. Applicant posted notice on site(s) on: September 18, 2013 (Commission); October 21, 2013 (Citx
Council
Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 2
EXHIBIT A
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned R-4.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Five Mile Creek and single-family residential (Bridgetower Subdivision), zoned R-4
2. East: Offices, zoned R-4
3. South: Ustick Road &single-family residential (Fieldstone Meadows Subdivision), zoned R-
4
4. West: Rural residential property, zoned R1 in Ada County
C. History of Previous Actions:
• In 1995, this property was annexed (Ordinance #700) with an R-4 zoning district. A
development agreement was not required as a provision of annexation. A plat for
Bramblewood Subdivision was also approved but has since expired.
• In 2006, a preliminary plat (PP-06-064) for Cold Creek Subdivision was denied due to the
following reasons: "The proposed preliminary plat request will require that a sewer easement
through the property to the north prior to construction plan approval. This 20 foot common
area will become an attractive nuisance and there is not an alternative source that will satisfy
this particular plat option."
D. Utilities:
1. Public Works:
a. Location of sewer: The city currently owns and maintains a sewer trunk main on the
north side of Five Mile Creek, adjacent to north of the proposed development. This is the
intended receiving sewer main for this proposed development.
b. Location of water: The city currently owns and maintains a water main in W. Ustick
road, adjacent to the south of the proposed development. This is the main intended for
service to this proposed development.
c. Issues or concerns: The elevations of the flow line of Five Mile Creek and the invert of
the sanitary sewer are in conflict, therefore an aerial sewer crossing over Five Mile Creek
is being proposed. Careful attention will need to be given to the sewer design with regard
to flood plain restrictions.
E. Physical Features:
1. Canals/Ditches Irrigation: The Five Mile Creek exists off-site along the north boundary of the
site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: A portion of this property along the north boundary lies within the Meridian
Floodplain Overlay District and is within flood zone X5.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This site is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Medium
Density Residential (MDR).
The MDR designation allows smaller lots for residential purposes within City limits. Uses may
include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed R-8 zoning is
Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 3
EXHIBIT A
consistent with the MDR designation.
The plat contains 16 single-family residential building lots for a gross density of 3.65 dwelling units
per acre consistent with the desired density of MDR designated areas.
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):
• "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." (3.07.01 E)
The proposed medium density residential development will contribute to the variety of
residential densities in this area of the City, which currently consists of medium-low, medium,
and medium-high density residential properties.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.0X)
Street buffer landscaping is required adjacent to W. Ustick 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 in compliance with the standards listed in
UDC 11-3D-S and 11-3A-7 respectively.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F)
The proposed single family residential development should be compatible with existing
adjacent residential and office uses.
• "Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development." (3.07.02I)
The surrounding area except for the property immediately to the west has been developed at
urban densities. The proposed subdivision will be similar to densities in surrounding
subdivisions.
• "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.Ol.O1F)
The proposed development is contiguous to the city and city services are available to be
extended to the site upon development in accord with UDC 11-3A-21.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of the Residential Districts:
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. The medium density residential (R-8) district
allows a maximum gross density of 8 dwelling units per acre.
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-8 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 principal permitted use in the R-8 zoning district.
Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 4
EXHIBIT A
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 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE:
The applicant has applied to rezone 4.38 acres of land from the R-4 to the R-8 zoning district (see
legal description in Exhibit C). As discussed above in Section VII, the proposed zoning is
consistent with the corresponding FLUM designation of MDR for this property.
A development agreement (DA) was not required as a provision of annexation when the property
was annexed in 1995. To ensure the site develops as proposed with this application, Staff
recommends a DA with the provisions noted in Exhibit B.
PRELIMINARY PLAT:
The proposed preliminary plat consists of 16 building lots and 3 common/other lots on 4.38 acres
of land in a proposed R-8 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.6 for the R-8 zoning district. All of the lots
comply with the minimum square footage requirement of 5,000 square feet and both of the blocks
comply with the maximum length requirement. Lot 4, Block 1 needs to be widened to 15 feet to
comply with the minimum street frontage requirement, per UDC 11-2A-3B.
A minimum 25-foot wide street buffer, measured from the back of curb, is required adjacent to
W. Ustick Road, an arterial street.
Access: Access is proposed on the plat via W. Ustick Road. A stub street is proposed to the west
for future extension and interconnectivity. Astub street is not required to the office development
to the east as there is no public street connection and the site is already developed. Comments
have not yet been received from ACHD on this application.
Common Driveway: Lots 3 and 4, Block 1 are proposed to be served by a common driveway.
Common driveways are required to be constructed in accord with the standards listed in UDC 11-
6C-3D.
Water & Sewer Service: Sewer will be extended from the north side of Five Mile Creek via an
aerial crossing over the creek consistent with City of Meridian standards. A 20-foot wide sewer
easement is depicted on the plat along the west side of Lot 8, Block 1. Staff recommends the line
type be changed to delineate the easement more clearly. Additionally, the landscape plan depicts
a sewer line running through Lot 12, Block 1; this should be removed.
Water service will be extended to the site via W. Ustick Road.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed. A pressure irrigation storage
pond is proposed on Lot 1, Block 3.
Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 5
EXHIBIT A
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Stormwater from the public right-of--way will be discharged into a storage pond on Lot 1, Block
3. The facility shall comply with the standards listed in UDC 11-3B-11C.
Multi-Use Pathway: Amulti-use pathway is not designated on the Master Pathways Plan for this
site.
Open Space & Site Amenities: Because this site is below 5 acres in size, UDC 11-3G-3 does not
require open space or site amenities to be provided.
Landscaping: A minimum 25-foot wide street buffer is required along W. Ustick Road
landscaped in accord with the standards listed in UDC 11-3B-7C. The landscaping shown on the
landscape plan complies with the aforementioned standards.
If the unimproved street right-of--way is 10 feet or greater from the edge of pavement to edge of
sidewalk or property line, and street widening project is not in the transportation authority's five
year funded plan, the developer is required to maintain a 10-foot wide compacted gavel shoulder
meeting the construction standards of the transportation authority and landscape the remainder
with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5.
Fencing: A 6-foot tall vinyl fence is proposed along the perimeter boundary of the subdivision
where fencing doesn't already exist. The existing fence along the east boundary is proposed to
remain.
Sidewalks: A 5-foot wide detached sidewalk is required along W. Ustick Road and a 5-foot wide
attached sidewalk is required along the internal local streets, in accord with UDC 11-3A-17.
Waterways: The Five Mile Creek exists off-site along the northern boundary of the property.
There is an existing surface water delivery ditch that enters the site at the southwest corner from
the other side of Ustick Road. The applicant states the pipe will extend back into the site and a
box will be located outside of the right-of--way to allow the surface water to be sent to the west or
east based on the rotation. The subject property and the parcel to the west are the only two parcels
that receive water from this pipe.
Building Elevations: Conceptual building elevations for future homes in this development were
submitted by the applicant and included in Exhibit A.4. Administrative design review is not
required for detached single-family residential homes. However, staff recommends through a DA
provision that the rear (or side) of structures on Lots 2-4, Block 1 and Lot 2, Block 2 that back up
to Ustick Road incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall planes and roof
lines.
In summary, Staff recommends approval of the proposed rezone and preliminary plat request
with the recommended conditions listed in Exhibit B of this report in accord with the findings
contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 8/21/13)
3. Proposed Landscape Plan (dated: 8/21/13)
Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 6
EXHIBIT A
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for the Proposed Rezone
D. Required Findings from Unified Development Code
Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
F,xhibil A Page l
EXHIBIT A
2. Proposed Preliminary Plat (dated: 8/21/13)
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EXHIBIT A
B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 REZONE
1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the
property owner and returned to the city within two (2) years of the City Council granting the
rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior
to commencement of the DA. The DA shall, at minimum, incorporate the following provisions:
a. Direct lot access to W. Ustick Road is prohibited in accord with UDC 11-3A-3.
b. The subject property shall develop consistent with the preliminary plat shown in Exhibit A.2.
c. Future structures constructed on the site shall be generally consistent with the conceptual
elevations included in Exhibit A.4. The rear (or side) of structures on Lots 2, 3, and 4, Block
1 and Lot 2, Block 2 adjacent to Ustick Road shall incorporate articulation through changes
in materials, color, modulation, and architectural elements (horizontal and vertical) to break
up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design
Manual.
1.2 PRELIMINARY PLAT
Site Specific Conditions of Approval
1.2.1 The final plat shall include the following revisions from the preliminary plat:
a. Lot 4, Block 1 shall be revised to comply with the minimum street frontage requirement
listed in UDC 11-2A-3B of 15 feet for two properties sharing a common drive.
b. Change the line type shown on Lot 8, Block 1 for the 20-foot wide sewer easement and
pressurized irrigation easement so that it doesn't appear to be a lot line.
1.2.2 The landscape plan submitted with the final plat shall be revised as follows:
a. Remove the sewer line easement and symbol on Lot 12, Block 1.
b. Depict the location of the curb along W. Ustick Road.
c. If the unimproved street right-of--way along W. Ustick Road is 10 feet or greater from the
edge of pavement to edge of sidewalk or property line, and street widening project is not in
the transportation authority's five year funded plan, the developer is required to maintain a
10-foot wide compacted gravel shoulder meeting the construction standards of the
transportation authority and landscape the remainder with lawn or other vegetative ground
cover in accord with UDC 11-3B-7C.5.
1.2.3 Common driveways are required to be constructed in accord with the standards listed in UDC 11-
6C-3D.
1.2.4 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.2.5 The stormwater drainage facility shall comply with the standards listed in UDC 11-3B-11C.
Exhibit B - 4 -
EXHIBIT A
General Conditions of Approval
1.2.6 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
11-2-A-6.
1.2.7 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Ustick
Road is prohibited.
1.2.8 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.9 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.10 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.
1.2.11 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.12 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.13 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.14 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.15 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.16 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.17 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.18 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.
1.2.19 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
Ongoing Conditions of Approval
1.2.20 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.
1.2.22 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.2.23 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.2.24 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.
1.2.25 The applicant shall have an ongoing obligation to maintain all pathways.
1.2.26 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
Exhibit B - 5 -
EXHIBIT A
1.2.27 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.
Process Conditions of Approval
1.2.28 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.
1.2.29 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.
1.2.30 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.2.31 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.
1.2.32 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.
1.2.33 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 Site Specific Conditions of Approval
2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District -flood zone X5.
Prior to any development or construction taking place, the applicant shall submit a Floodplain
Development Permit Application to the City Floodplain Administrator for review and approval.
The application shall provide engineering analysis to meet MCC section 10-6, including
hydraulic and hydrologic calculations illustrating any impacts to the water surface elevations
including no rise effects of any development within the floodway.
2.1.2 The applicant shall provide a 20-foot easement across Lot 8, Block 1 for the sanitary sewer main
outside of public right of way. The easement area shall be covered with a pavement or concrete
surface for ease of access by City of Meridian Wastewater personnel.
2.2 General Conditions of Approval
2.2.1 The applicant shall install sanitary sewer 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.
2.2.2 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 should 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
development plan approval.
Exhibit B - 6 -
EXHIBIT A
2.2.3 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.4 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.
2.2.5 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.
2.2.6 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.
2.2.7 Street signs are to be in place, sanitary sewer and 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.
2.2.8 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.
2.2.9 All development improvements, including but not limited to sanitary sewer and water, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
2.2.10 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.
2.2.11 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.
2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.13 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.16 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.
2.2.17 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.
2.2.18 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 ACHD. The design engineer shall provide certification that the facilities have been installed in
Exhibit B - 7 -
EXHIBIT A
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.19 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.
2.2.20 100 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, 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.
2.2.21 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.
2.2.22 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.
2.2.23 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.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to this application
4. FIRE DEPARTMENT
4.1 The common driveway on Lots 3 and 4, Block 1 shall be a minimum 20 feet wide with "no parking"
posted and shall be paved with a surface capable of supporting 75,000 pounds.
4.2 North Cold Creek Way shall be posted and painted for no parking on one side of the street,
preferably the east side.
4.3 The street widths with 33 feet measured from back of curb shall have rolled curbs.
4.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4 '/s" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
Exhibit B - 8 -
EXHIBIT A
4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.9 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
4.10 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 50 feet ofright-of--way from the centerline for Ustick Road abutting the site.
ACHD will provide compensation for right-of--way dedicated beyond the existing right-
of-way.
7.1.2 Construct a 6 foot wide landscape buffer and 5 foot wide detached concrete sidewalk on
Ustick Road abutting the site, as proposed. Construct the front edge of the sidewalk a
minimum of 42 feet from the centerline of Ustick Road and provide a permanent right-of-
way easement for sidewalk placed outside of the dedicated right-of--way. The easement
shall encompass the entire area between the right-of--way line and 2 feet behind the back
edge of the sidewalk.
7.1.3 Construct Quarrystone Way as a 33 foot street section with rolled curb, gutter and 5 foot
wide attached concrete sidewalk on both sides of the street its full length.
7.1.4 Construct Quarrystone Way to intersect Ustick Road and align with Quarrystone Way
directly south of Ustick Road, as proposed.
7.1.5 Provide a permanent right-of--way easement for all public sidewalks on Quarrystone Way
placed outside of the dedicated right-of--way. The easement shall encompass the entire
area between the right-of--way line and 2 feet behind the back edge of the sidewalk.
Exhibit B - 9 -
EXHIBIT A
7.1.6 Construct Cold Creek Way as a 29 foot street section with vertical curb, gutter and no
sidewalk on the west side of the street and rolled curb, gutter and 5 foot wide attached
sidewalk on the east side of the street, as proposed.
7.1.7 The applicant is required to get written fire department approval for 29 and 33 foot street
sections from the City of Meridian.
7.1.8 Construct Wilder Street as a 33 foot street section with rolled curb, gutter and 5 foot wide
attached concrete sidewalk on both sides of the street within 46 feet of right-of--way, as
proposed.
7.1.9 Construct Wilder Street to stub at the west edge of the site approximately 148 south of
the north property line, as proposed.
7.1.10 Install a sign at the terminus of Wilder Street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
7.1.11 Construct all new local streets to provide a minimum offset of 125 feet as proposed.
7.1.12 Direct lot access is prohibited to Ustick Road and shall be noted on the final plat.
7.1.13 Payment of impacts fees are due prior to issuance of a building permit.
7.1.14 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private Utilities including 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.
Exhibit B - 10 -
EXHIBIT A
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 ACRD. The burden shall be upon the applicant
to obtain written confirmation of any change from ACHD.
7.2.12 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.
Exhibit B - 11 -
EXHIBIT A
C. Legal Description & Exhibit Map for the Proposed Rezone
J~Qaj Descri tp ion
Hayden-Homes Ustick Property
A parcel located in the SW'/, of Section 35, Township 4 Narth, Range 1 Wit, Boise lu~ridian,
City of Meridian, Ada County, Waho, and more particularly described as follows:
Commendng at a Brass Cap monument marking the southwest comer of said SW '/,, from
which a 5/8 inch diameter iron pin marking the southeast comer of said SW '/, bears S
89°15'57" E a distance of 2643.50 feet;
Thence S 89.15'57" E along the southerly boundary of said SW Y. a distance of 1622.31 feet to
a 5/8 inch diameter iron pin and the POINT OF BEGINNING;
Thence leaving said southerly boundary N 0°26'42" W a distance of 625.77 feet to a 5J8 inch
diameter ion pin on the southerly right-of-way of Five Mile Creek;
Thence aiorp said southerly right-of-way S 62.13'25" E a distance of 433.35 feet to a 518 Mch
diameter iron pin on the westerly boundary of Prfmetand Subdivision as shown in Book 83 of
Plats on Page 9085, records of Ada County, Idaho;
Thence S 6'03'09" W along said westerfy boundary and the prolongation thereof a distance of
430.47 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SW'/++;
Thence N 69'15'57" W aku~g said southerly boundary a distance of 333.20 feet to the POINT
OF BEGfNNIN(3;
This parcel contains 4.38 acres and is subject to any easements existing or ~ uee.
Clinton W. Hansen, PLS
f .atxi Sotutians, PC
July 12, 2013
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Exhibit B - 12 -
EXHIBIT A
USTICIC PROPERTY -EXHIBIT
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Exhibit B - 13 -
EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant
an annexation, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant requests a rezone of the subject property from the R-4 to the R-8 zoning
district. The City Council finds that the proposed map amendment is generally consistent
with the MDR FLUM designation for this property. Therefore, the City Council finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (see
section VII above).
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 zoning district is
consistent with the purpose statements for residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds this provision does not apply to the subject rezone application.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
Exhibit B - 14 -
EXHIBIT A
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;
Based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.), the
City Council finds there is public financial capability of supporting services for the
proposed development. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds this development will not be detrimental to the public health,
safety or general welfare.
Exhibit B - 15 -