Olson & Bush Sub PP-013-018CITY OF MERIDIAN E IDIAN~-
FINDINGS OF FACT, CONCLUSIONS OF LAW ~-
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Preliminary Plat for Olson and Bush Subdivision Consisting of Six
(6) Building Lots on 6.81 Acres of Lane in the I-L and C-G Zoning Districts, Located at the
Northwest Corner of E. Franklin Road and Olson Avenue, by Ronald W. VanAuker.
Case No(s). PP-13-018
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-13-018
-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 Deparhnent 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-13-018
-2-
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of November 6, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-018
-3-
'/,7'_ p
By action of the City Council at its regular meeting held on the ~/ day of "`,
2013.
COUNCIL, PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL, MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
VOTED
VOTED
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By. -= Dated.: ~ ~ - ,2 ~- - ~U
City. lerlQ4s f ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-13-018
-4-
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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: PP-13-018 -Olson & Bush Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ronald W. VanAuker, has applied for a preliminary plat (PP) consisting of 6 building
lots on 6.81 acres of land in the I-L and C-G zoning districts for Olson & Bush 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 & Zoning Commission heard this item on October 3.2013. At the
public hearing, the Commission moved to recommend approval of the subject PP reauest.
a. Summary of Commission Public Hearin:
i. In favor: Brad Miller. Van Auker Properties
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Brad Miller (response to the staff report)
v. Staff presentinE application: Sonya Waters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Discussion pertaining to the applicant's request not to be required to provided
pressurized irrigation to the lots in the subdivision as required by the UDC.
c. Kev Commission Change(s) to Staff Recommendation:
i. At staff s request, clarify conditions #1.1.3, 2.2.3, and 2.2.4 to allow removal of the
existing domestic well and septic system & pipinE of the Snyder Lateral to occur upon
redevelopment of Lot 2;
ii. At staff s request, add a new condition for across-access easement to be provided via
Olson Avenue or E. Lanark Street for Lots 3-6 (see condition # 1.1.4).
d. Outstanding Issue(s) for City Council:
i. None
~.. ummarv of itv o ~n it P ~blic H arin
1. In favor: Brad Miller
iL In onposition: None
lii. Commenting: None
iY, Written testimony: Brad Miller
y, taff nresentin~ annlication: onva Watte
Olson & Bush Sub PP-013-018 PAGE 1
EXHIBIT A
yi. Other staff commentin on annlica ion• Non
jL, ev Is ue of i cu ion by ouncil:
L None
~ Key Council Changes to Staff/Commission Recommendation
L cil annroved the annlicant' request for a waiver to 11-3A-6 to not h
to nine the nvder .ateral w st of t 2. Block 1 where it ernes .c he city
(#1.1.31• - - -
11. ouncil annroved the annlicant' rea sec fnr a waiver to 11-3A-1 to no b
to nrovide pre uri .ed irri ation to the development (conditions #1.2. &
~.LZ
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-13-
018, 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-13-018, 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-13-018 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 at the northwest corner of E. Franklin Road and Olson Avenue at 2950 E.
Franklin Road, in the SE'/4 of Section 8, Township 3 North, Range 1 East. (Parcel #:
51108449095)
B. Owner(s):
Ronald W. VanAuker
3084 Lanark Street
Meridian, Idaho 83642
C. Applicant:
Same as owner
D. Representative:
Matt Munger, Munger Engineering, Inc.
4090 W. State Street, Suite 29
Boise, Idaho 83703
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.
Olson & Bush Sub PP-013-018 PAGE 2
EXHIBIT A
B. Newspaper notifications published on: September 16, and 30, 2013 (Commission); October 14.
and 28, 2013 (City Council)
C. Notices mailed to subject property owners on: September 12, 2013 (Commission); October 10,
2013 (City Council)
D. Applicant posted notice on site(s) on: September 16, 2013 (Commission); October 17, 2013 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is an existing home on the southern portion of the site
that fronts on Franklin Road; the remainder of the site to the north consists of vacant land and
outdoor storage from the two industrial lots that front on Lanark Street.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Industrial property in Olson & Bush Subdivision No. 2, zoned I-L
South: Franklin Road and rural residential & commercial properties, zoned RUT, R1, M1, & C2
in Ada County
East: Industrial & commercial property owned by the applicant, zoned I-L & C-G
West: Vacant land, zoned R1 in Ada County
C. History of Previous Actions:
• In 2012, an amendment to the Comprehensive Plan Future Land Use Map to change the land
use designation on 5.66 acres of land from commercial to industrial; and annexation and
zoning of 1.41 acres of land with a C-G zoning district and 5.78 acres of land to the I-L
zoning district was approved. A development agreement was required as a provision of
annexation, recorded as Instrument No. 113071289.
D. Utilities:
a. Location of sewer: Located in N. Olson Avenue, and in E. Lanark Street fronting the lots in
Olson and Bush Subdivision #2. No new mains are being proposed or are needed to serve
this development.
b. Location of water: Located in N. Olson Avenue, and in E. Lanark Street fronting the lots in
-Olson and Bush Subdivision #2. No new mains are being proposed or are needed to serve
this development.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Snyder Lateral runs east/west across this site.
2. Hazards: Staff is not aware of any hazards that exist on this site other than the Snyder Lateral
being an open waterway.
3. Flood Plain: This property does not lie within a floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Commercial and Industrial on the Comprehensive Plan Future Land Use
Map (FLUM). The Commercial portion fronts on Franklin Road with Industrial at the rear to the
north.
Olson & Bush Sub PP-013-018 PAGE 3
EXHIBIT A
The Commercial designation provides a full range of commercial and retail to serve area residents
and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as
well as appropriate public uses such as government offices.
The Industrial designation allows a range of industrial uses to support industrial and commercial
activities and to develop areas with sufficient urban services. Light industrial uses may include
warehouses, storage units, light manufacturing, and incidental retail and office uses.
This site is currently zoned C-G and I-L consistent with the aforementioned land use designations.
The applicant proposes to plat the property with 6 building lots.
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):
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F, pg. 53)
The site abuts some rural residential properties in Ada County to the south and west; these
properties are designated on the FLUM for commercial use. When this property develops
with industrial and commercial uses, a 25 foot wide landscape buffer is required to be
provided with dense landscaping adjacent to residential uses.
• "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, pg. 45)
Water and sewer services are available to be extended to the subject property upon
development. Police and fire protection are already provided as the property is within the
existing City limits.
"Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
Street buffer landscaping in accord with UDC standards is required to be provided as a
condition of the subject preliminary plat. Upon development, if residential uses exist that abut
the site, the developer will be required to provide a landscape buffer between uses in accord
with UDC standards.
• "Encourage industrial development to locate adjacent to existing industrial uses." (3.06.O1C)
Industrial property exists to the north of the subject property to the rail corridor.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
There is adequate water supply and pressure available to this site for fire protection.
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads (3.03.02N, Chapter
3, page 48)."
Upon a change in use or redevelopment of the portion of the site where the existing home is
located at the corner of N. Olson Avenue and Franklin Road, access will be provided via N.
Olson Avenue, a local street.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zones:
The purpose of the commercial districts is to provide for the retail and service needs of the
Olson & Bush Sub PP-013-018 PAGE 4
EXHIBIT A
community in accordance with the Meridian comprehensive plan. Six (6) districts are designated
which differ in the size and scale of commercial structures accommodated in the district, the scale
and mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
The purpose of the I-L (Light Industrial) district is to provide for convenient employment centers
of light manufacturing, research and development, warehousing, and distributing. In accord with
the Meridian comprehensive plan, the I-L district is intended to encourage the development of
industrial uses that are clean, quiet and free of haza4rdous or objectionable elements and that are
operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation
systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 and 11-2C-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-G and I-L zoning districts respectively. No
specific uses are proposed at this time.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district and UDC Table 11-2C-3 for the I-L zoning district applies to development of this
site.
D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the
dimensional standards listed in UDC Tables 11-2B-3 and 11-2C-3 for the C-G and I-L zoning
districts respectively and the standards listed in UDC 11-3B-7C.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The proposed plat consists of 6 building lots on 6.81 acres of land in the C-G and I-L zoning
districts consistent with the Commercial and Industrial future land use map designations for this
property (see analysis above in Section VII).
The applicant's intent of the lot configuration of Lots 2-6 of this plat are to extend the depth of
the existing adjoining lots in Olson and Bush Subdivision #2 to the north.
Existing Structures: There is an existing home on Lot 1 and a shed on Lot 2, Block 1 that are
proposed to remain. Upon development of Lot 2, the shed will be removed.
A provision of the development agreement allows the existing home to remain on the property
and hook up to City services at such time as the properly redevelops or the system(s) fail.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Tables 11-2B-3 and 11-2C-3 for the C-G and I-L zoning
districts and found it in compliance with the minimum standards. There is no minimum front, rear
or side setback requirements in either district. However, structures may not be built within the
required street buffers; the existing home encroaches approximately 6 feet within the required
street buffer along Franklin Road. Because the development agreement allowed the existing home
and residential use to remain and continue until redevelopment occurs, staff does not have issue
with the encroachment. At such time as the property redevelops, any new structures should be
setback outside of the street buffer easement.
Access: There is an existing access via Franklin Road for the existing home. A provision of the
development agreement allows the access to remain until such time as a change in use or
redevelopment of the site occurs; at such time, direct access via Franklin Road will be prohibited
and access will be provided via N. Olson Avenue.
Pathways: A pathway is not designated on the Master Pathways Plan for this site.
Olson & Bush Sub PP-013-018 PAGE 5
EXHIBIT A
Sidewalks/Parkways: A 5-foot wide attached sidewalk exists along E. Franklin Road; there is no
sidewalk along N. Olson Avenue. A minimum 5-foot wide sidewalk is required along N. Olson
Avenue in accord with UDC 11-3A-17D.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A
35-foot wide street buffer is required along E. Franklin Road, an arterial street and entryway
corridor; and a 10-foot wide street buffer is required along N. Olson Avenue, a local street. Street
buffers are required to be landscaped in accord with the standards listed in UDC 11-3B-7C.
The preliminary plat current depicts a 25-foot wide street buffer along Franklin Road and a 10-
foot wide buffer along Olson Avenue; the plat should be revised to reflect a 35-foot wide buffer
along Franklin in accord with UDC Table 11-2B-3.
The applicant requests approval for the existing turf, trees, and other landscaping associated with
the existing home on Lot 1 Block 1 to act as the required street buffer until such time as the
property develops into a more intense commercial use. The UDC (11-6C-3H) allows street
buffers on local streets to be installed at the time of lot development but street buffers along
arterial streets are required to be installed at the time of plat approval.
Staff has reviewed the existing landscaping on the site adjacent to Franklin Road and finds that it
generally complies with the street buffer requirements (some additional trees may be needed, and
the existing home encroaches approximately six (6) feet in the buffer area). Staff recommends the
applicant submit an application for alternative compliance in conjunction with the final plat
detailing how the existing landscaping meets the street buffer requirements within the UDC.
Fencing: No fencing is depicted on the landscape plan nor is any required.
Waterways: The Snyder Lateral runs across portions of this site and is depicted on the
preliminary plat within a 40-foot wide easement. Approximately 180 feet of the lateral is piped
west of N. Olson Avenue on Lot 2; the remainder is open. The lateral extends through Lot 2 and
through the two adjacent properties to the west and then northwest along the south end of Lot 5
and the south and west boundaries of Lot 6. The lateral appears to straddle the property boundary
of Lots 5 and 6 and the neighboring properties to the south and west.
UDC 11-3A-6 requires all ditches/laterals on the site to be piped or otherwise covered unless
waived by the City Council in accord with UDC 11-3A-6A.3.
The applicant proposes to extend the existing pipe to the west across Lot 2 to the neighboring
property. The applicant requests a waiver to leave the remainder of the lateral open where it
comes on and off their property and in some cases straddles the property line so that there are not
small sections of the waterway that are piped and those that are not. Further, this portion of the
lateral is not visible or accessible from any of the streets as it runs along the rear of the lots.
Because Lots 5 and 6 will be an extension of the lots to the north that front on Lanark Street and
will not have direct access to a street or public access, Staff is of the opinion the public purpose
requiring the waterway to be piped will not be served and public safety can be preserved if the
waterway is left open in this area. Therefore, Staff recommends approval of the applicant's
request for a waiver.
Pressure Irrigation: Each development is required to provide underground pressurized irrigation
water for each lot, per UDC 11-3A-15. The developer is requesting a waiver to this provision due
to the future office and light industrial use of the property which the applicant states will entail
very little landscaping.
The UDC (11-3A-15C) only allows the requirements for pressurized irrigation to be waived upon
proof that any particular property dos not have water rights in an existing irrigation district. The
Olson & Bush Sub PP-013-018 PAGE 6
EXHIBIT A
city's domestic water system shall be the last option for providing irrigation water to a proposed
subdivision. The applicant has not submitted proof that this property does not have water rights.
In summary, Staff recommends approval of the proposed preliminary plat with the recommended
conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 7/15/13)
3. Proposed Landscape Plan (dated: 8/20/13)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Olson & Bush Sub PP-013-018 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
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EXHIBIT A
2. Proposed Preliminary Plat (dated: 5/23/13)
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EXHIBIT A
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EXHIBIT A
B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 The final plat shall include the following:
a. A note identifying who will maintain the street buffer landscaping along E. Franklin Road
and N. Olson Avenue.
b. A minimum 35-foot wide street buffer on Lot 1, Block 1 along E. Franklin Road on a
common lot or a permanent dedicated buffer in accord with UDC 11-3B-7C.2.
c. A note stating direct lot access via E. Franklin Road is prohibited except for the existing
access for the existing home which may remain until such time as redevelopment or a change
in use occurs. At such time the access shall be removed and access shall be provided via N.
Olson Avenue.
1.1.2 The landscape plan submitted with the final plat shall depict the following:
a. Depict a minimum 35-foot wide street buffer adjacent to E. Franklin Road on Lot 1, Block 1
landscaped in accord with the standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3;
Or;
b. In conjunction with the final plat, submit and obtain approval of Alternative Compliance
detailing how the existing landscaping associated with the existing home on Lot 1, Block 1
meets the street buffer requirements for Franklin Road.
1.1.3 The Snyder Lateral shall be piped in accord with UDC 11-3A-6 across Lot 2, Block 1 upon
redevelopment of Lot 2; the remainder of the waterway may be left open where it crosses the site
if City Council approves a waiver in accord with UDC 11-3A-6A.3. Council annroved a waiver
to UDC 11-3A-6 to allow the Snvder Lateral west of Lot 2. Block 1 where it crosses the site to
remain oven.
1.1.4 Across-access easement shall be provided via Olson Avenue or E. Lanark Street for Lots 3-6 via
the plat or a separate recorded easement (prior to signature on the final plat by the City En ig'neer~
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the C-G and I-L zoning districts listed
in UDC Tables 11-2B-3 and 11-2C-3.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.5 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. Ci Council annroved a waiver to this provision: the
~plicant is not required to Brovide pressurized irrigation to this development
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
-2-
EXHIBIT A
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.2.11 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.
1.2.12 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.
1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ-12-003).
1.3.3 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.5 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
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EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The sanitary sewer and water mains intended to provide service to this development currently
exist in E. Franklin Road, N. Olson Avenue, and in E. Lanark Street fronting the lots in Olson and
Bush Subdivision #2. No new mains are being proposed or are needed to serve this development.
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2.2 General Conditions of Approval
2.2.1 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.2 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.
2.2.3 Any existing domestic well system within this project shall be removed from domestic service
upon redevelopment of Lot 2 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.
2.2.4 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8 upon redevelopment of Lot 2. Contact Central District Health for
abandonment procedures and inspections (208)375-5211.
2.2.5 Street signs are to be in place, 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.
2.2.6 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.
2.2.7 All development improvements, including but not limited to fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
2.2.8 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.
2.2.9 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.10 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.11 All grading of the site shall be performed in conformance with MCC 11-12-3H.
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EXHIBIT A
2.2.12 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.
2.2.13 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.14 100 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.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. FIRE DEPARTMENT
4.1 The proposed project has no Fire Department concerns.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct a 5-foot wide concrete sidewalk and install a pedestrian ramp along Olson Avenue
abutting the site.
7.1.2 Provide a permanent right-of--way easement for any segment of the sidewalk located outside of
the public right-of--way.
7.1.3 Payment of impacts fees are due prior to issuance of a building permit.
7.1.4 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD 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.
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EXHIBIT A
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 ACRD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. 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.
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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 water and sewer service will be provided to the subject
property upon development. The City already provides police and fire protection to the
subject property. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer 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 public service providers, the City Council finds there is public
financial capability of supporting services for the proposed development.
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds there is no health, safety, or environmental problems associated
with the platting of this property. ACRD considers road safety issues in their analysis.
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