Tustin T.W.O. Subdivision PP-13-027CITY OF MERIDIAN E IDIAN~-
FINDINGS OF FACT, CONCLUSIONS OF LAW ~-
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Preliminary Plat for Tustin T.W.O. Subdivision Consisting of
Forty Four (44) Single-Family Residential Detached Building Lots and Ten (10) Common/Other
Lots on 15.26 Acres of Land in an R-4 Zoning District, Located on the North Side of E. McMillan
Road, Approximately 1/8 Mile West of N. Locust Grove Road, by Conger Management.
Case No(s). PP-13-027
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). PP-13-027
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of 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 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).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-027
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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). PP-13-027
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By action of the City Council at its regular meeting held on the ~ day of /S( 0
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED~0.~
VOTED_ l~
VOTED
VOTED
VOTED ~-
f'~fJi i~ C (~`L!C~'
/,~'`
Mayor Tamm~ de Weerd
Attest:
City Clerk
Copy served upon Applicant, The
~A LIED AL'C~
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lanrring Department, Public Works Department and City Attorney.
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City Cler c' ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-027
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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: Tustin T.W.O. Subdivision - PP-13-027
I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST
The applicant, Conger Management, has applied for a preliminary plat (PP) consisting of 44 single-
family residential detached building lots and 10 common other lots on 15.26 acres of land in R-4
zoning district for Tustin T.W.O. Subdivision. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP application 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 & ZOn1nE Commission heard this item on October 3, 2013. At the
public hearinE, the Commission moved to recommend approval of the subiect PP request.
a. Summary of Commission Public Hearin:
i. In favor: Kent Brown
ii. In opposition: None
iii. Commenting: Barbara Wright
iv. Written testimony: Kent Brown
v. Staff presentinE application: Sonya Waters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. OutstandinE Issue(s) for City Council:
i. None
~_ ummarv of Citv Council Public Hearinn:
is In favor: Kent Brown
its In opposition: None
iii, Commenting: None
lY. Written testimony: None
y~ taff presenting application: Sonya Watter
yi: Other staff commenting on application: None
lz. K~Is~
L None
Tustin T.W.O. Subdivision PP-13-027 PAGE 1
EXHIBIT A
~ Kev Council Change to ommi ion R .cnmmpndatinn
L ouncil annroved a waiver to UDC 11-3A-6 to allow the Lemn Canal to remain oven
not be Wined (conditions #1.1.9 & 2.51.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-13-
027, 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 to deny File Number PP-13-027, 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 Number PP-13-027 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 E. McMillan Road, approximately 1/8 mile west of N.
Locust Grove Road, in the SE'/a of Section 30, Township 4 North, Range 1 East. (Parcel
#85147490514)
B. Owner(s):
Corey Barton
1977 E. Overland Road
Meridian, ID 83642
C. Applicant:
Conger Management
1627 S. Orchard Street
Boise, ID 83705
D. Representative:
Kent Brown, Kent Brown Planning
P.O. Box 36
Meridian, ID 83680
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a preliminary plat. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: September 16, and 30, 2013 (Commission); October 14,
and 28, 2013 (Gifu Council)
C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission);
October 10, 2013 (City Council)
Tustin T.W.O. Subdivision PP-13-027 PAGE 2
EXHIBIT A
D. Applicant posted notice on site(s) on: September 23, 2013 (Commission); October 18, 2013 (CitX
Council
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: Single-family residential (Tustin Subdivision), zoned R-4
2. East: Rural residential, zoned RUT in Ada County
3. South: E. Ustick Road &single-family residential (Crestwood Subdivision), zoned RUT in
Ada County & R-4
4. West: Rural residential (Larkwood Subdivision), zoned RUT in Ada County
C. History of Previous Actions:
• In 2005, this property was annexed (AZ-OS-002, Ordinance #OS-1148) with an R-4 zoning
district as part of the larger Tustin Subdivision to the north of this site. A development
agreement was not required as a provision of annexation. A preliminary plat (PP-OS-003) was
also approved but has since expired.
• In 2006, a final plat (FP-06-001) was approved for the first phase of development of Tustin
Subdivision, to the north of the subject property.
D. Utilities:
1. Public Works:
a. Location of sewer: The city currently owns and maintains a sewer main in N. Timberline
Avenue 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 water mains in N. Timberline
Avenue, adjacent to north, and E. McMillan Road, adjacent to the east of the proposed
development. These mains will be interconnected with the proposed development.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The North Slough runs along the north boundary of the site and has
been piped; the Lemp Canal runs along the south boundary of the site and is open; and an
open ditch runs along the west boundary of the site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain overlay district.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This site is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Low Density
Residential (LDR).
The LDR designation allows for the development ofsingle-family homes on large lots where urban
services are provided. Uses may include single-family homes at gross densities of three dwelling units
or less per acre.
The plat contains 44 single-family residential building lots for a gross density of 2.88 dwelling units
Tustin T.W.O. Subdivision PP-13-027 PAGE 3
EXHIBIT A
per acre consistent with the desired density of LDR 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.O1E)
The proposed low density residential development will contribute to the variety of residential
densities in this area of the City, which currently consists of low, medium-low, and medium
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 E. McMillan 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 I1-3A-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 uses.
• "Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development." (3.07.02I)
This general area is substantially developed at densities similar to the proposed development.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.O1F)
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-low density residential (R-4)
district allows a maximum gross density of 4 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-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principal permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
Tustin T.W.O. Subdivision PP-13-027 PAGE 4
EXHIBIT A
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
PRELIMINARY PLAT:
The proposed preliminary plat consists of 44 building lots and 10 common/other lots on 15.26
acres of land in an R-4 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.5 for the R-4 zoning district. All of the lots
comply with the minimum requirements for street frontage, property size, and the maximum
block length requirement.
A minimum 25-foot wide street buffer, measured from the back of curb, is required adjacent to E.
McMillan Road, an arterial street as proposed.
Access: Access is proposed on the plat via E. McMillan Road. A stub street is proposed to the
east for future extension and interconnectivity. Timberline Way, an existing stub street at the
north boundary of the site, is proposed to be extended for interconnectivity Comments have not
yet been received from ACHD on this application.
Water & Sewer Service: City water and sewer service is available for extension into the
development via existing main lines in E. McMillan Road and N. Timberline Avenue.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
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.
Multi-Use Pathway: Amulti-use pathway (a section of the Meridian Loop pathway) is
designated on the Master Pathways Plan for this site along E. McMillan Road as shown on the
landscape plan. The developer is required to submit a public use easement for the pathway to the
Planning Division of the Community Development Department for approval by City Council
prior to signature on the final plat.
Open Space & Site Amenities: A minimum of 10% of the site is required to consist of qualified
open space in accord with UDC 11-3G-3A; qualified open space is defined in UDC 11-3G-3B.
The plat consists of 15.26 acres; therefore, a minimum of 1.53 acres of qualified open space is
required to be provided. A total of 1.85 acres (or 12.1 %) of qualified open space is proposed with
this plat, consisting of a street buffer along McMillan Road, an arterial street and internal open
space.
In accord with UDC 11-3G-3A.2, a minimum of one qualified site amenity is required to be
provided within this development as set forth in UDC 11-3G-3C. A 10-foot wide multi-use
pathway is proposed as an amenity within the street buffer along E. McMillan Road on the north
side of the Lemp Canal in accord with UDC 11-3G-3C.3.
Landscaping: A minimum 25-foot wide street buffer is required along E. McMillan 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 of E. McMillan 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
Tustin T.W.O. Subdivision PP-13-027 PAGE 5
EXHIBIT A
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.
Fencing: A 6-foot tall vinyl fence is proposed along the perimeter boundary of the subdivision as
well as along interior common areas. The UDC (11-3A-7) does not allow 6-foot tall closed vision
fencing along interior common open space areas or pathways. The fence needs to be reduced to 4
feet in height in these areas; or, a 6-foot tall open vision fence could be installed instead in these
areas in accord with UDC 11-3A-7A. This requirement does not apply to street buffers or
entryway landscaping strips.
The UDC (11-3A-6B) requires all open irrigation ditches and canals to be fenced in accord with
the standards listed unless improved as part of the development as a water amenity in accord with
the standards listed in UDC 11-1A-1. Details demonstrating compliance with the aforementioned
standards will be required with the final plat application.
Sidewalks: A 5-foot wide detached sidewalk is required along E. McMillan Road, an arterial
street, per UDC 11-3A-17. Because a 10-foot wide detached multi-use pathway is proposed along
McMillan Road, staff does not recommend a sidewalk also be provided. Five-foot wide attached
sidewalks are proposed internally along local streets.
Waterways: The North Slough runs along the northern boundary of the site and was piped with
the development to the north. The Lemp Canal runs along the southern boundary of the
subdivision and is open. Another smaller ditch runs along the west boundary of the site.
The UDC (11-3A-6A.3) requires all irrigation ditches, laterals, canals and drains to be piped
unless left open and used as a water amenity or linear open space. UDC 11-3A-6A.3 allows for
City Council waiver to this provision if it finds the public purpose for requiring such will not be
served and public safety can be preserved; or for large capacity facilities. The applicant requests
a waiver to allow the Lemp Canal to remain open due to its large capacity; the project
engineer states it would require an eight foot diameter pipe to enclose the waterway.
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 single-family detached residential homes. However, staff recommends that the rear
(or side) of structures on Lots 15-17, Block 1 and Lots 4-9, Block 5 that back up to McMillan
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 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: 8/30/13)
3. Proposed Landscape Plan (dated: 8/30/13)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
Tustin T.W.O. Subdivision PP-13-027 PAGE 6
EXHIBIT A
C. Required Findings from Unified Development Code
Tustin T.W.O. Subdivision PP-13-027 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
exhibit A Page 1
EXHIBIT A
2. Proposed Preliminary Plat (dated: 8/30/13)
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3. Proposed Landscape Plan (dated: 8/30/13)
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4. Conceptual Building Elevations
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B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 PRELIMINARY PLAT
Site Specific Conditions of Approval
1.1.1 The final plat shall include the following revisions from the preliminary plat:
a. Label the easements for the Lemp Canal and the North Slough and any other waterways on
the site as applicable.
1.1.2 The landscape plan submitted with the final plat shall be revised as follows:
a. Label the easement for the Lemp Canal and the North Slough and any other waterways on the
site as applicable.
b. Depict the location of the curb and edge of pavement along E. McMillan Road.
c. If the unimproved street right-of--way along E. McMillan 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.
d. Change the height of the fencing along interior common open space and pathways from 6 feet
to 4 feet; or provide 6-foot tall open vision fencing in accord with UDC 11-3A-7A. This
requirement does not apply to street buffers or entryway landscaping strips.
e. Where the multi-use pathway along E. McMillan Road crosses N. Timberline Avenue, the
pathway surface shall be delineated from the driving surface through the use of scored concrete,
pavers, or similar treatment.
f. The UDC (11-3A-6B) requires all open irrigation ditches and canals to be fenced in accord
with the standards listed unless improved as part of the development as a water amenity in
accord with the standards listed in UDC 11-1A-1. Details demonstrating compliance with the
aforementioned standards will be required with the final plat application.
1.1.3 The developer is required to submit a public use easement for the pathway to the Planning
Division of the Community Development Department for approval by City Council prior to
signature on the final plat by the City Engineer.
1.1.4 The rear (or side) of structures on Lots 15-17, Block 1 and Lots 4-9, Block 5 that back up to
McMillan 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.
1.1.5 All irrigation ditches, laterals or canals, intersecting, crossing or laying within the area being
developed, shall be piped or otherwise covered in accord with UDC 113A-6A unless waived by
City Council.
1.1.6 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.
General Conditions of Approval
1.1.6 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
11-2-A-6.
-6-
EXHIBIT A
1.1.7 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Ustick
Road is prohibited.
1.1.8 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.1.9 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6. City Council annroved a waiver to UDC 11-3A-6 to allow the Lemn
anal to remain oven and not be pied
1.1.10 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.
1.1.11 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.1.12 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.1.13 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.1.14 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.1.15 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.1.16 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.1.17 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.
1.1.18 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.
1.1.19 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
Ongoing Conditions of Approval
1.1.20 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.
1.1.21 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.1.21 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.1.22 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.
1.1.23 The applicant shall have an ongoing obligation to maintain all pathways.
1.1.24 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.1.25 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.
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EXHIBIT A
Process Conditions of Approval
1.1.26 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.
1.1.27 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.
1.1.28 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.1.29 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.
1.1.30 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.
1.1.31 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 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 The applicant shall be responsible to install two water connections to any phase containing more
than 25 lots. The applicant shall also be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant 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.
2.4 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.5 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. City Council a~nroved a
waiver to UDC 11-3A-6 to allow the Lemn Canal to remain open and not be Wined.
2.6 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
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EXHIBIT A
(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.
2.7 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.
2.8 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.
2.9 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.
2.10 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.
2.11 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.
2.12 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.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.14 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all 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
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required 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
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EXHIBIT A
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.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse 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.
2.24 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 (1FC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 %" 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 finished grade to the center of the 4 '/z" 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.
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 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
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EXHIBIT A
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.
4.9 The applicant shall work with Public Works and Planning Deparhnent staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 Construct the pathway and landscaping consistent with the standards as set forth in UDC 11-3A-
7A7 and 11-3B-12C respectively.
6.2 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement
for the multi-use pathway along E. McMillan Road on the fmal plat.
6.3 Where the multi-use pathway along E. McMillan Road crosses N. Timberline Avenue, the applicant
shall revise the landscape plan to delineate a pathway surface different from that of the driving
surface using scored concrete, pavers, or similar treatment.
6.4 The applicant shall have an ongoing obligation to maintain all pathways.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct a 10-foot wide paved pathway on the north side of the canal along McMillan Road
abutting the site.
7.1.2 Construct Timberline Avenue into the site as a 34-foot street section, curb, gutter and 5-foot wide
attached concrete sidewalk within 46-feet ofright-of--way.
7.1.3 Construct at the entrance to Timberline Avenue an 11-foot wide by 125-foot long landscape
median within 66-feet of right-of--way and 53-foot street section. Provide minimum 20-feet of
pavement on each side of the median.
7.1.4 Dedicate the landscape median as right-of--way owned by ACRD; and the Developer or
Homeowners Association should enter into a license agreement if landscaping is to be placed
within the median.
7.1.5 Construct the internal local streets as 34-foot street sections (back of curb to back of curb) with
curb, gutter, and 5-foot attached concrete sidewalks, within 46-feet ofright-of--way.
7.1.6 Provide written approval from the appropriate fire department for use of the reduced street section
prior to plan approval.
7.1.7 Construct a new local roadway, Timberline Avenue, to intersect McMillan Road approximately
892-feet west of Locust Grove Road (measured centerline to centerline); and 780-feet east of
Larkwood Street (measured centerline to centerline).
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EXHIBIT A
7.1.8 Submit the bridge plans for the crossing of the Lemp Canal (Timberline Avenue) for review and
approval prior to the pre-construction meeting and final plat approval. Because of the elevation
of the canal, the bridge designs should address an acceptable slope transition at the Timberline
Avenue/McMillan Road entrance as well as site triangle design elements to ensure drivers have
adequate sight distance at the intersection with the bridge parapet wall and pedestrian rail.
7.1.9 Payment of impacts fees are due prior to issuance of a building permit.
7.1.10 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.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
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EXHIBIT A
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.
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EXHIBIT A
C. Required Findings from Unified Development Code
Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
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, 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.
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