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Twelve Oaks Sub PFP-13-001CITY OF MERIDIAN E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW ~- AND IDAHO DECISION & ORDER In the Matter of the Request for a Combined Preliminary and Final Plat for Twelve Oaks Subdivision, Located at 1845 W. Franklin Road, by JLJ, Inc. Case No(s). PFP-13-001 For the City Council Hearing Date of: December 3, 2013 (Findings on December 17, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 3, 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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-13-001 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 3, 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 apreliminary/final plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 3, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-13-001 -2- 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. Attached: Staff Report for the hearing date of December 3, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-13-001 -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 COUNCIL MEMBER KEITH BIRD Copy served upon Applicant, The Planning D VOTED__ i C~ VOTED VOTED VOTED ent, Public Works Department and City Attorney. Dated: la • l~ ~ ~ ' Cle 0 ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-13-001 -4- MAYOR TAMMY de WEERD VOTED `----' (TIE BREAKER) EXHIBIT A STAFF REPORT HEARING DATE: TO: FROM: December 3, 2013 Mayor & City Council E IDIAN~ (DAliO SUBJECT: Sonya Wafters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 PFP-13-001 -Twelve Oaks Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, JLJ, Inc., has applied for a combined preliminary and final plat (PFP) consisting of two (2) building lots on 9.43 acres of land in the TN-R and C-C zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PFP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & ZOriing Commission heard this item on November 7.2013. At the public hearing, the Commission moved to recommend approval of the subiect PFP request. a. Summary of Commission Public Hearing: i. In favor: Carl Porter ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Justin Lucas 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. Outstanding Issue(s) for City Council: i. None ~ ummarv of City Council Public Hearin L In favor: Carl Porter 11: In opposition: None iii: Commenting: None lY. Written testimony: None y, Staff presenting application:.Tu tin T,uca yi: Other staff commenting on application: Warren Stewart lt~ ev I cue of i cu ion by ouncil: L F,xtension of sewer service to the site: 1L iming of the pining of the Vaughan .ateral ~, Key Council Changes Commi cion Recommendation Twelve Oaks Sub PFP-13-001 EXHIBIT A L Modi y #1.1.6 to allow the ninin~ of the Vaunhan Lateral to be deferred until Lot 2 is divided in the fitLre, with nrovi ion of a surety as discussed at the hearing (see #1.1.6 on ape 141. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PFP-13- 001 as presented in the staff report for the hearing date of December 3, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PFP-13-001 as presented during the hearing on December 3, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number PFP-13-001 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: 1845 W. Franklin Road (Parcel No. 51214110401) Located in the northeast'/4 of Section 14, Township 3 North, Range 1 West B. Owner(s): Franklin Centre, LLC P.O. Box 6770 Ketchum, ID 83340 C. Applicant: JLJ, Inc. 1735 W. Franklin Road, Ste. 145 Meridian, ID 83642 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a combined preliminary and final 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: October 21, and November 4, 2013 (Commission); November 11, and 25, 2013 (Gifu Council) C. Radius notices mailed to properties within 300 feet on: October 10, 2013 (Commission); November 12, 2013 (City Council) D. Applicant posted notice on site by: October 28, 2013 (Commission); November 21, 2013 (City Council Twelve Oaks Sub PFP-13-001 EXHIBIT A VI. LAND USE A. Existing Land Use(s): This site consists of undeveloped land that is zoned C-C and TN-R. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential properties exist to the south of this site, zoned R-4; rural residentiaUagricultural properties exist to the west and east; commercial uses exist to the east, zoned C-C; and industrial uses, zoned I-L exist across W. Franklin Road to the north of the site. C. History of Previous Actions: • In 2006, this property received the following approvals: - Annexation and Zoning (AZ-OS-056) of 10.15 acres with a C-C zoning district and 6.08 acres with a TN-R zoning district under the name of Hark's Canyon Creek Subdivision. A development agreement was approved as a provision of the annexation, recorded as Instrument No. 106180812; - Conditional Use Permit (CUP-OS-051) for a mixed use development within 300 feet of a residential district; - Preliminary Plat (PP-OS-058) consisting of 29 single-family residential building lots, 7 commercial building lots and 8 common other lots; - Alternative Compliance (ALT-06-004) to UDC 11-2B-3 which requires a 25-foot wide landscape buffer to residential uses in the C-G zoning district to allow a reduced buffer width; and - Modification to the pending approved development agreement (MI-06-006) to allow temporary construction fencing between Lot 5, Block 3 and Lot 19, Block 3, rather than permanent fencing, to limit public access to the Ten Mile Creek during construction. • In 2007, this property received the following approvals: - Private street (PS-07-006) approval of two streets within the subdivision; and - Final Plat (FP-07-017) consisting of 29 townhome building lots, 7 commercial building lots and 8 common other lots on 6.29 acres of land in the TN-R and C-C zoning districts. • In 2008, an 18 month time extension (TE-08-004) on the preliminary plat was approved to obtain the City Engineer's signature on a final plat. • In 2010, another time extension (TE-10-030) on the preliminary plat, for two years, was approved to obtain the City Engineer's signature on a final plat, which expired on October 25, 2012. A final plat was not signed by the City Engineer and another time extension was not requested within the time period allowed under the time extension; therefore, the preliminary plat expired. • In May 2013, a modification to the development agreement (MDA-13-008) was approved to update the development plan for the site with a new concept plan for a mixed use development. The amendment was recorded as Instrument No. 113103818. D. Utilities: 1. Public Works: a. Location of sewer: A new sanitary sewer main intended to provide service to this area was installed in Franklin Road up to the west property line. Applicant will be meeting with Public Works staff on 11/4/13 to determine routing to provide service to the subject site. Twelve Oaks Sub PFP-13-001 EXHIBIT A b. Location of water: Water is currently installed in Franklin Road. c. Issues or concerns: Property is not currently serviceable with sanitary sewer, however the applicant will be working out service with the Public works Department prior to this application being heard by the City Council. E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the northern portion of the west property boundary and along the western portion of the north property boundary. 2. Hazards: There are no known hazards that exist on this property. 3. Flood Plain: This property is located within flood zone "X". VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is located within the area governed by the Ten Mile Specific Area Plan (TMISAP). The portion of the subject property that fronts on W. Franklin Road is designated Mixed Use - Commercial (MU-C) (3.9+/- acres) and the southern portion of the site is designated Medium High Density Residential (MHDR) (5.5+/- acres) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of the MU-C designation is to encourage the development of a mixture of office, retail, recreational, employment and other miscellaneous uses with supporting multi-family or single-family attached residential uses. This designation requires developments to integrate the three major use categories -residential, commercial, and employment. (See page 3-9 of the TMISAP for more information.) Locations designated for MHDR uses are recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. These areas should include a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre. (See pages 3-6 and 3-7 of the TMISAP for more information.) The conceptual development plan included in the development agreement and in Exhibit A.2 for this property depicts a mix of commercial and residential uses consisting of multi-family (40+/- units); a residential care facility (35 +/0 units); single-family (12-15 units); and 4 commercial pads with a central open space area containing a pond, consistent with the MU-C and MHDR designations, the TMISAP and the C-C and TN-R zones. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the future use of this property (staff analysis in italics): • "Require that development projects have planned for the provision of all public services." (6.02.01 B) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides and will continue to provide municipal services to the subject property in the following manner.• - Water service is provided to the property. - Sanitary sewer is not available to provide service to the property until such time as applicant and Public Works staff determines serviceability options. - The lands are serviced by the Meridian Fire Department (MFD). - The lands are serviced by the Meridian Police Department (MPD). - The roadway adjacent to the subject land is currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. Twelve Oaks Sub PFP-13-001 EXHIBIT A - The subject land is currently serviced by the Meridian School District No. 2. This service will not change. - The subject land is currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services except for sanitary sewer, are being provided or will be provided by the Meridian Building Department, Public Works Department, Water Department, Wastewater Department, Planning Division, Utility Billing Services, and Republic Services. • "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) Council approved two access points for the proposed subdivision via W. Franklin Road. Staff recommends with this application that across-access/ingress-egress easement be granted to the property to the east in accord with UDC 11-3A-3. "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.OS.O1J) A variety of commercial and residential uses are proposed on this site per the conceptual development plan included in the development agreement and in Exhibit A.2. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zoning Districts: The purpose of the commercial districts is to provide for the retail and service needs of the 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 traditional neighborhood residential (TN-R) district is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse and multi-family. A TN-R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed by alleys. The maximum density of the TN-R district is 15 units per acre with a minimum of 8 units per acre. (See UDC 11-2D-1 for more information.) B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-C zoning district. UDC Table 11-2D-2 lists the permitted, accessory, conditional, and prohibited uses in the TN-R zoning district. No new uses are proposed with this application. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and UDC Table 11-2D-6 for the TN-R zoning district applies to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: PRELIMINARY/FINAL PLAT: The proposed preliminary/final plat consists of 2 building lots on 9.43 acres of land in the C-C and TN-R zoning districts. The plat will subdivide one parcel into Twelve Oaks Sub PFP-13-001 EXHIBIT A two lots, which the applicant intends to further subdivide in the future. This plat will divide the majority of the commercial property from the residential property. After recordation of the subject final plat, the applicant intends to submit a short plat application to re-subdivide Lot 1 into four lots for commercial pad sites; and eventually submit a new preliminary plat to re-subdivide Lot 2 for the development of a residential care facility, an apartment complex, and single-family residential lots. Note: The proposed lot boundaries are not consistent with the zoning district boundaries. However, they are consistent with the conceptual development plan included in Exhibit A.2 for the "centre commercial "approved with MDA-13-008; and the C-C zoned property along the east boundary of the site that is outside of Lot 1 consists of the area where the pond exists. Per the concept plan, all of the structures in the commercial portion of the plat will be located within the C-C district on Lot 1 and won 't encroach into the TN-R zoned area. For this reason, staff does not feel a rezone is necessary at this time to clean up the zoning boundary in relation to the lot boundaries. Dimensional Standards (LTDC Table 11-2B-3): The proposed lots in the preliminary and final plat comply with the dimensional standards of the C-C district listed in UDC Table 11-2B-3 and for the TN-R district listed in Table 11-2D-6. Future development is also required to comply with these standards. There are no existing structures on this property. Water & Sewer Service: City water service exists in W. Franklin Road and is available to be extended to the site by the developer. Sanitary sewer service is not available to provide service to the property until such time as applicant and Public Works staff determines serviceability options. Access: With approval of MDA-13-008, Council approved two access points via W. Franklin Road for this site as shown on the concept plan included in Exhibit A.2. A cross-access/ingress-egress easement is required to be provided internally within the subdivision as well as to the adjoining property (Parcel #88956000010) to the east and to the west (Parcel #51214120631 & #51214121120). Said easements shall be depicted and/or noted on the face of the recorded final plat in accord with the provisions of UDC 11-3A-3A2. Landscaping: UDC Tables 11-2B-3 and 11-2D-6 requires a 25-foot wide landscape buffer to be provided adjacent to W. Franklin Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C. A street buffer easement is depicted on the proposed plat; staff recommends the width of the buffer also be depicted measured from the back of the curb. Landscaping within the street buffer complies with the aforementioned standards. A 25-foot wide landscape buffer is required to be provided on C-C zoned property that is adjacent to residential uses. This buffer will be required to be shown on the site/landscape plans submitted with future Certificate of Zoning Compliance applications and constructed with development of the lots. Sidewalks: A detached sidewalk was recently constructed along W. Franklin Road on this site with the road widening project in accord with UDC 11-3A-17. Waterways: The Vaughan Lateral runs along the northern portion of the west boundary of the site and is required to be piped in accord with UDC 11-3A-6. Pathways: Amulti-use pathway is required to be constructed on this site in accord with the provisions in the development agreement. Staff recommends approval of the proposed PFP application with the conditions listed in Exhibit B of the staff report. Twelve Oaks Sub PFP-13-001 EXHIBIT A X. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Development Plan Approved with MDA-13-008 3. Preliminary Plat (dated: 8/9/13) 4. Final Plat (dated: 9/18/13) 5. Landscape Plan (dated: 8/23/13) B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Twelve Oaks Sub PFP-13-001 7 EXHIBIT A Exhibit A.1: Vicinity Map Twelve Oaks Sub PFP-13-001 EXHIBIT A Exhibit A.2: Conceptual Development Plan Approved with MDA-13-008 ~. Site Use Diagram ~ ~°' "' ~.~,.~ ~ ~• . x Twelve Oaks Sub PFP-13-001 9 EXHIBIT A .. •.. ... ~,~ .. . ~: o ~~ ,.. 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Afiil.~'t+4a!ACYI 6[LM4KCM nyA_(r LE6fND sT..wt - - - x:+aw. tM[ LlV' R\1 Mtv cAr aim t• SE'iQ'&H0.Y ~ CA;t;RATm tG~\S ~~ ~ nxw.or ra,wc ; ~~ (ZO&t 7:LH-f#t"i~f 1{tti Pi1X r? ~l.S-Y3 EiI n Twelve Oaks Sub PFP-13-001 12 EXHIBIT A Exhibit A.S: Landscape Plan (dated: 8/23/13) •Y 0.•, wwil aMt Wp+ w M[ ui~0:w nw5grnw iT~a •~+ Mi .4 L4 wPa r4MY MY w ~i.i:1w I Yf R . w.w1 w01[4Th 0tf11~ > ;,,mss a~ ~,~„;~~k ~. ar ~.~.^~~ :ate. ~F., x ~e ~ ~:~ ;~• e ~~ "i° wv' yw.r~'+~ia tiw' '~'"~n.~r`...ur. w.+oc .t.: vw, w rs F aswc w ow~r .4. w •~+wro~ w.oasc ..n• ,.~yw ~~w~r~~ ~ K the eCNl.: tt M ww I.cKMwS er N<.. uD~nW nL /anr -.ILa4l Arne 16. F M R . w4rw w+elrw. KMwL+ w 1eB .m. repMl,r tt~iiOlw awlcr .N~~ep vRags.~uFn. revl~s,~pw WAS Meiv rprR• Wrwu ca~m,~e~ywg,~eylryw~u y®~IiPR F rw ~.wnrf m Pi 0.ws eat ma wo to rSWi uu[. . v,p~Wirr.~p MNMiI~MMq.uF~Vm~yw~ MY 5¢ MKMMIIVt~Yfs.+ IW~fF aK A W[.Ynt WNw= uT ~e1, u.'w Sn: 1Mn cw e[ W next N 11P:,S Mlw s"3~W .CMS e~,A .T M.+1MN1w. 4N.Mt wo F ~i+Wts O vL c aMW: • t.+i ..o'rs' n o`n'~"w.u°.,..~"~a+i'.." :x° ~r.w ~w~nw'~w.an"~~ r,i.i ~w~ ~:ic"~:+w .csr"«~i u°: n ~: «W . w.. • ."'°.R'~w w~ fir. u mw. ~ n ra+,: i • ~ r rrn wo. wu a w w waWU Onww. ~.. R. r wwc nw ~a '• 'w1.:.w roves w R.wr~ s..~'.~'.'.ww'i~:~ ~'.'w`:.~.'s'.~ •`•` • wa.-~ er n~ e. w•:.•w.e. r..W w,a w. +~. w w.n onre r ~ e,..a F u uVV .w;.s, ni r s war er w•sa a„ w •~asu .r ...rw F . rar: •wo, w W+srs~wc .wrw w, u~+ saui m. w~wwi w+...ra, . wwa ..d N W yl{s~ w Mi w ~ T!:.L ..Rw. F .aa .nn1~: e..w ~"~"sr~.~w~i r r~r ro+ wr.cr, ~ _ ::'1i.~ R ~?. ~~. ~r~w,.r3``°. ux' m'7X'1.w~'K, wawa. w. aw:. -~.~« ~ w wn :w ~'fir.. ~~,~~,.,,~ j~ w . w_~c ' «~".i~"+woe` -wow as w Fr Flan ~ ~ 96'.x` •iiu„~~~d w ` ~ 'a'L.'~~ 3`t" ry~~~w~i~ ~~cae~ w -w.ew. w.+, w N.no ~e~w,~.w ..n n a fp 71 ~~ Twelve Oaks Sub PFP-13-001 13 EXHIBIT A Exhibit B: Agency Comments/Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Across-access/ingress-egress easement is required to be provided internally within the subdivision as well as to the adjoining properties to the east (Parcel #88956000010) and west (Parcel #S 1214120631 & #S 1214121120). Said easements shall be depicted and/or noted on the face of the recorded final plat in accord with the provisions of UDC 11-3A-3A2. 1.1.2 Notes #6 and #7 on the face of the final plat shall be completed. 1.1.3 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.1.4 The width of the landscape easement (measured from the back of curb) along W. Franklin Road shall be depicted on the final plat. 1.1.5 No building permits shall be granted for this site until such time as sanitary sewer and water service is provided by the applicant to each lot. 1.1.6 The Vaughan Lateral runs along the northern portion of the west boundary of the site and is required to be piped in accord with UDC 11-3A-6. The ninin~ of the Vaughn Lateral may ccur with this subdivision or with the re-subdivision of Lot 2. Block 1. If the lateral is piped with the re-subdivision of Lot 2. Block 1 the followine stiuulations apply: al No building permits will be issued for Lot 2 Block 1 prior to the lot being re-subdivided and the lateral being niued: bl Prior to city engineers signature of this final plat (PFP-13-0011 the applicant i rea~post surety for the future ping of the lateral. 1.2 Ongoing Conditions of Approval 1.2.1 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 Process Conditions of Approval 1.3.1 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. 1.3.2 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.3.3 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 of approval of the preliminary/final plat or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4 General Conditions of Approval 1.4.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.4.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.4.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. Twelve Oaks Sub PFP-13-001 14 EXHIBIT A 1.4.4 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.4.5 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. 1.4.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.4.7 Construct the required landscape buffer consistent with the standards as set forth in UDC 11- 3B-7C. 1.4.8 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. 1.4.9 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. 1.4.10 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.4.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Condition of Approval 2.1.1 City water service exists in W. Franklin Road and is available to be extended to the site by the developer. Sanitary sewer service is not available to provide service to the property until such time as applicant and Public Works staff determines serviceability options. No building permits shall be granted for this site until such time as sanitary sewer and water service is provided by the applicant to each lot. 2.2 General conditions of Approval 2.2.1 The applicant shall install 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 outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Domestic water mains to provide service to this development will be from an extension of the existing mains in W. Franklin Road. Per Meridian City Code, the applicant shall be responsible to install water mains to and through this development. 2.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.2.4 Any existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 2.2.5 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 Twelve Oaks Sub PFP-13-001 15 EXHIBIT A 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 development plan approval. 2.2.6 Any existing domestic wells within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 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. 2.2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.9 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. 2.2.10 All development improvements, including but not limited to sewer, water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.11 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. 2.2.12 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. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.15 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. 2.2.16 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. 2.2.17 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. 2.2.18 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. Twelve Oaks Sub PFP-13-001 16 EXHIBIT A 2.2.19 100 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 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.24 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with the proposed plat. 4. POLICE DEPARTMENT 4.1 No comments were received from the Police Department on this application. 5. REPUBLIC SERVICES 5.1 Republic Services had no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department did not submit comments on this application. See the development agreement modification approved with MDA-13-008 for pathway requirements on this site. 7. ADA COUNTY HIGHWAY DISTRICT Twelve Oaks Sub PFP-13-001 17 EXHIBIT A 7.1 Site Specific Conditions of Approval 7.1.1 Cross access between the two lots shall be noted on the final plat, exact location to be determined with future detailed development applications. 7.1.2 The existing driveway locations are approved with this application only and will be reviewed in the future with detailed development applications. 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 All irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private Utilities including 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. 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 ACRD 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 ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACI-ID. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 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. Twelve Oaks Sub PFP-13-001 18 EXHIBIT A 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 ACRD Commission. Twelve Oaks Sub PFP-13-001 19 EXHIBIT A Exhibit C: Required Findings from Unified Development Code 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. 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 can be made available 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 service along with any other necessary utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development (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 there should not be any health, safety, or environmental problems associated with the platting of this property. ACRD considers road safety issues in their analysis. Twelve Oaks Sub PFP-13-001 20