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Whitebark Sub PP-013-028 MDA-13-018CITY OF MERIDIAN E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW ~ AND I D A H O DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Increase the Number of Building Lots Allowed to Develop on the Site; and Preliminary Plat Consisting of Fifty- Five (55) Single-Family Residential Building Lots and Seven (7) Common/Other Lots on 19 Acres of Land in the R-4 Zoning District for Whitebark Subdivision, Located at 2135 E. Amity Road, by Cindy K. Lewis Trust and T & M Holdings, LLC. Case No(s). MDA-13-018; PP13-028 For the City Council Hearing Date of: November 26, 2013 (Findings on December 17, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 26, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 26, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 26, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 26, 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). MDA-13-018; PP-13-028 -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 26, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 26, 2013, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 26, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner(s) and returned to the City within two (2) years of the City Council granting the modification (UDC 11-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-018; PP-13-028 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 26, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-018; PP-13-028 -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 BHZD 1~~_ day of -'~ , VOTED__ ~~ VOTED VOTED VOTED RD VOTED ~ MAYOR TAMMY de WEE (TIE BREAKER) Mayor Tam d eerd Attest: }~~~.}~;~ :. ~~ ,~ ~~ ~:r~~ y >> ~~ .~ . ,~ ~} ~ ~ I ~ ~~ ,, .,~ 6: ~~~6 cif -d t z ...~.~ ~. ~.s 4 0..e '~ ~_ '. ayce lman City Clerk ~ ~~ ~~~ :~. Co served u on A licant The Plan ' ''` ~D~ `~~'~ ent Public Works De artment and Ci Attorne . ry r ~r r ~ y ~, ~..~ z ~~ Dated: ~ ~ City ler s f e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-018; PP-13-028 -4- EXHIBIT A STAFF REPORT Hearing Date: November 26, 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: MDA-13-018; PP-13-028 - Whitebark Subdivision I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST The applicants, Cindy K. Lewis Trust and T & M Holdings, LLC, have applied for a modification to the existing development agreement (MDA) to increase the number of buildable lots allowed on the site consistent with the proposed preliminary plat. A preliminary plat (PP) is also proposed consisting of 55 single-family residential building lots and 7 common/other lots on 19 acres of land in the R-4 zoning district for Whitebark Subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Note.• The MDA only requires City Council approval. Approval of the preliminary plat is contingent upon the MDA being approved. The Meridian Planning & Zoning Commission heard this item on October 17, 2013. At the public hearing, the Commission moved to recommend approval of the subiect PP request. a. Summary of Commission Public Hearing: i. In favor: Dave Yorgason ii. In opposition: None iii. Commenting: Gwen Boyle iv. Written testimony: John & Helen Huffman; Dave Yorgason, Applicant's Representative; the Boise Proiect Board of Control; Bruce Freckleton, Development Services (memo) v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. Modify conditions #2.1.1 and 2.1.2 and replace the exhibit map and table in Exhibit A.7 per the memo from Bruce Freckleton dated November 22, 2013; ii. Add a note to the final plat stating that any proposed and/or future usage of the Boise Proiect Board of Control facilities are subiect to Idaho statutes Title 42-1909. And also that fencing must be constructed lust off the lateral easement (see condition #1.1.2e), at the request of the Boise Proiect Board of Control. d. Outstanding Issue(s) for City Council: i. None Whitebark Sub PP-013-028; MDA-13-018 PAGE 1 EXHIBIT A ~ City Council Public Hearinn: L In favor: Dave Yorgason 11. In onnosition: None lii. Commentin,~: None lY~ Written testimony: None ~ taff oresentin~ annlication: Sonya Watt y~ Other staff commenting on aunlication: Warren Stewart li: Key Issues of Discussion by Council: ~ None ~_ Key Council Changes to Commission Recommendation is LYQng III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA-13- 018and PP-13-028, as presented in the staff report for the hearing date of November 26, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers MDA-13- 018 and PP-13-028, as presented during the hearing on November 26, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers MDA-13-018 and PP-13-028 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) l V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2135 E. Amity Road, in the NW'/4 of Section 32, Township 3 North, Range 1 East. (Parcel #: 51132212600) B. Owner(s): Cindy K. Lewis Trust 2025 E. Chateau Drive Meridian, ID 83642 T & M Holdings, LLC 16166 N. 20`x' Street Nampa, ID 83687 C. Applicant: Same as owners D. Representative: Dave Yorgason, Tall Timber Consulting 14254 W. Battenberg Boise, Idaho 83713 Whitebark Sub PP-013-028; MDA-13-018 PAGE 2 EXHIBIT A 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. The subject application is for a modification to the development agreement. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. C. Newspaper notifications published on: September 30, and October 14, 2013 (Commission); November 4, and 18, 2013 (City Council D. Notices mailed to subject property owners on: September 26, 2013 (Commission); October 31, 2013 (City Council) E. Applicant posted notice on site(s) on: October 7, 2013 (Commission); November 15, 2013 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: There are no structures on the subject property; the property appears to be used for agricultural purposes. The site is zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by rural residentiallagricultural property, zoned Rl and RUT in Ada County. C. History of Previous Actions: • In 2006, this property received the following approvals: - Annexation and zoning (AZ-06-044) of 19 acres with an R-4 zoning district. A development agreement was required as a provision of annexation and was recorded as Instrument # 107011191. - Preliminary Plat (PP-06-046) consisting of 48 single-family residential building lots and 8 common/other lots on 19 acres of land in an R-4 zoning district. The preliminary plat is expired. D. Utilities: 1. Location of sewer: This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by installing a temporary 8-inch diameter sewer main in E. Amity Road into an adjacent service area serving the Estancia and Bellingham Subdivisions to the west. This temporary solution does have service limitations as to the number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval. 2. Location of water: Water service to this development is contingent upon the developer installing a 12-diameter water main in E. Amity Road from the current points of terminus at the east boundary of Estancia Subdivision to S. Eagle Road. unless another alternative route for a secondary connection is provided prior to final plat. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively the applicant may enter into non-build a~xeement with the City of Meridian on the number of lots beyond the above restriction. Said non-build agreement will be recorded Whitebark Sub PP-013-028; MDA-13-018 PAGE 3 EXHIBIT A into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. 3. Issues or concerns: Noted above E. Physical Features: 1. Canals/Ditches Irrigation: There are some ditches that exist along the property boundaries of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Low Density Residential (LDR) on the Comprehensive Plan Future Land Use Map. This designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acres. The proposed preliminary plat depicts a residential subdivision consisting of 55 single-family detached homes on 19 acres of land at a gross density of 2.89 dwelling units per acre consistent with the LDR designation. The following objectives and goals from the Comprehensive Plan are applicable to the proposed development: • "Phase in residential development in accordance with their connection to the municipal sewer and water system." (3.04.O1N) City water & sewer services are available for hook-up 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) Water and sewer service are available to be extended to this site from Estancia Subdivision to the west via Amity Road. Emergency services (Fire and Police) are already provided to this site. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F) This site abuts rural residential and agricultural uses. The proposed low density residential development should be compatible with existing residential uses in the surrounding area. • "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 preliminary plat is for a low density residential subdivision consisting of single- family detached homes, consistent with FLUM designation of LDR for this property. The proposed low density subdivision will contribute to the variety of housing opportunities available within the City. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site. Street buffer and common area landscaping exceeds UDC standards. Whitebark Sub PP-013-028; MDA-13-018 PAGE 4 EXHIBIT A Fencing is proposed around the perimeter boundary of the subdivision and adjacent to the internal common area in accord with UDC standards. In summary, staff is of the opinion the proposed development is consistent with the LDR FLUM designation for the property and is compatible with existing rural residential and agricultural uses for the above-stated reasons. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-61ists 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 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 and UDC 11-3B-7. Common area landscaping is required in accord with the standards listed in UDC 11-3G-3. 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: Development Agreement Modification (MDA) The current DA restricts development of this site to 48 single-family building lots and 8 common other lots consistent with the previously approved preliminary plat. The applicant is now proposing to develop 55 single-family lots and 7 common/other lots on the site consistent with the proposed preliminary plat. Staff has included the applicant's proposed changes to the text of the agreement in Exhibit A.4 along with staff's recommended changes. Staffls recommended changes consist of the following items: • Removal of the reference to the maximum number of common lots as common lots may be added for the common driveways in the proposed development if a UDC text amendment is approved in the future; • Removal of the requirement for the Cottswold Village Subdivision annexation ordinance to be approved for the path of annexation as the property is now within city limits. Require future homes constructed on the site to be generally consistent with the conceptual building elevations submitted with this application; and require the rear (or side) of structures on Lots 4 and 6, Block 1 and Lot 4, Block 4 that back up to E. Amity Road to incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Whitebark Sub PP-013-028; MDA-13-018 PAGE 5 EXHIBIT A Preliminary Plat (PP) The proposed plat consisting of 55 building lots and 7 common/other lots on 19 acres of land in the R-4 zoning district is consistent with the LDR future land use map designation for this property (see analysis above in Section VII). Existing Structures: There are no existing structures on this site. Dimensional Standards: Future development is required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. Staff has reviewed the proposed plat for compliance with these standards and found the plat needs to be revised as follows: The street frontage for Lots 3 & 4, Block 4 needs to be widened to 15 feet in accord with UDC 11-2A-3; and the street frontage dimension needs to be shown on Lots 12 & 13, Block 1 and Lots 3 & 4, Block 6. Building height and setbacks are required to comply with the dimensional standards for the R-4 district noted in UDC Table 11-2A-5. Phasing: The proposed plat is planned to develop in two phases as shown in Exhibit A.3. The first phase will consist of the entry and the western half of the home sites including half of the central common area; the second phase will consist of the remaining homes sites and common area on the eastern half of the subdivision. Access/Streets: Access for this subdivision is depicted on the preliminary plat at the north property boundary via E. Amity Road. Two stub streets are depicted on the plat to the south and one stub street is proposed to the west and east for future extension and interconnectivity. Direct lot access via E. Amity Road is not proposed or approved. Street frontage meeting the minimum requirements of the R-4 district should be provided to the 1 acre outparcel at the northeast corner of the site (parcel #S 1132212510). Common Driveways: The proposed plat depicts a common driveway access for Lots 3, 4, 6, and 7, Block; and Lots 3 and 4, Block 4. Construction of the common driveways is required to comply with the standards listed in UDC 11-6C-3D. The setbacks, building envelope, and orientation of the lots and structures on these lots are required to be shown on the preliminary plat or on an exhibit submitted with the final plat application, per UDC 11-6C-3D.7. Note: Currently, the UDC requires lots accessed via common driveways to comply with minimum street frontage requirements. An amendment to the UDC is currently in process that may allow properties taking access via common driveways to not provide street frontage; this would allow common driveways to be placed within a common lot. The applicant would prefer to place the common driveways within a common lot. Therefore, if the amendment to the UDC is approved, the final plat may depict the common driveways within a common lot. Pathways: There are no multi-use pathways designated on the Master Pathways Plan for this site. Sidewalks: A 5-foot wide detached sidewalk is required along E. Amity Road, an arterial street, in accord with UDC 11-3A-17. Detached 5-foot wide sidewalks are proposed along internal streets. Parkways: Eight foot wide parkways are proposed within the subdivision adjacent to local streets in accord with the standards listed in UDC 11-3A-17E. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.4. A 25-foot wide landscaped street buffer is required along E. Amity Road, an arterial street, as shown on the landscape plan in accord with the standards listed in UDC 11-3B-7C. Whitebark Sub PP-013-028; MDA-13-018 PAGE 6 EXHIBIT A A berm with an abundance of landscaping meeting UDC requirements is prosed within the street buffer along E. Amity Road. A 20-foot wide common lot (Lot 5, Block 4) containing a sewer trunk main is depicted on the plans at the northeast corner of the site; no trees may be planted within this lot. Existing healthy trees on the site are required to be protected during the development process in accord with UDC 11-3B-10. The landscape plan submitted with the final plat should depict a description of how existing trees to be retained are to be protected during construction. Any severely damaged tree is required to be replaced in accord with UDC 11-3B-1OC.5. Mitigation is required for all existing trees 4-inch caliper or greater in size that are removed from the site with equal replacement of the total calipers lost in accord with UDC 11-3B-1OC.5. The applicant should contact Elroy Huff, City Arborist (208-888-3579), to determine which trees proposed to be removed require mitigation. Open Space & Site Amenities: Because this site is over 5 acres in size, the UDC (11-3G-3) requires minimum open space and site amenities to be provided with development. Based on 19 acres, a minimum of 1.9 acres of qualified open space is required to be provided in accord with the standards listed in UDC 11-3G-3B; and a minimum of one (1) site amenity is required in accord with UDC 11-3G-3C. The landscape plan notes 2.08 acres (or 11.3%) of qualified open space is proposed consisting of 50% of the street buffer along Amity Road, an arterial street, and the interior common area on Lot 6, Block 3. Parkways are also proposed along internal local streets within the development but are not included in the open space calculations. A tot lot with children's play equipment is proposed in the central common area along with pathways through the common area as site amenities. The proposed open space and site amenities comply with the minimum requirements of the UDC. Fencing: A 6-foot tall solid vinyl fence is depicted on the landscape plan along the perimeter boundaries of the subdivision and a 4-foot tall solid vinyl fence is proposed adjacent to the interior common area on Lot 6, Block 3 at the rear and side of lots that abut the common area in accord with the standards listed in UDC 11-3A-7. Waterways: There are some ditches that exist along the property boundaries of this site. All ditches intersecting, crossing or lying within the area being developed are required to be pipe or otherwise covered in accord with UDC 11-3A-6A. Building Elevations: Conceptual building elevations were submitted for the homes in this development as shown in Exhibit A.S. Future homes on the site are anticipated to be a mix of single story and two stories and most will have three car garages. The proposed elevations represent the anticipated size and style of homes to be constructed in this development. The colors of the homes are proposed to be earth tones and each home will have stone accents and other details to enhance the front elevations. Single-family residential developments are not subject to design review. However, staff recommends through a DA provision that the rear (or side) of structures on Lots 4 and 6, Block 1 and Lot 4, Block 4 that back up to Amity 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 development agreement modification and preliminary plat requests for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. Whitebark Sub PP-013-028; MDA-13-018 PAGE 7 EXHIBIT A X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Text Changes to Development Agreement 3. Proposed Preliminary Plat (dated: 8/26/13) & Phasing Plan 4. Proposed Landscape Plan (dated: 8/26/13) 5. Conceptual Building Elevations 6. Colored Site Plan 7. Sanitary Sewer Service Area B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Whitebark Sub PP-013-028; MDA-13-018 PAGE 8 EXHIBIT A A. Drawings ]. Vicinity/Zoning Map Exhibit A Page 1 EXHIBIT A Exhibit A.2: Proposed Text Changes to Development Agreement The applicant's proposed changes are noted in strike-out/underline format. Staff's proposed changes are noted in bold strike-out/underline format.) • The DA should be updated to reflect the current ownership of the property as follows: Cindy K. Lewis Trust 2025 E. Chateau Drive Meridian, ID 83642 T & M Holdings, LLC 16166 N. 20`x' Street Nampa, ID 83687 • Update the findings (and findings reference) associated with the DA to reflect those approved with the subject application. • Section 4 -USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2, as follows: Construction and development of 4~ SS single family building lots on 19 acres in thud R-4 zone pertinent to this ~''~-~,T PP-13-028 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. • Section 5 -CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: S.l. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: detached single family homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 4-8 55 units will be constructed on this site. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That a street buffer, constructed in accordance with City Code, be installed along Amity Road prior to occupancy of any new dwelling units. --T#a~he~eftsi~=eld~zill:^.g~~rbdi~i°;^-~ ~"~ n~ n,~~~ DD n~ AAA\ ., ..e~atie~ Exhibit A Page 1 EXHIBIT A 9. Future homes constructed on the site shall be generally consistent with the conceptual building elevations submitted with the preliminary plat (PP-13-028) application. The rear (or side) of structures on Lots 4 and 6, Block 1 and Lot 4, Block 4 that back up to E. Amity 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. Exhibit A Page 2 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 8/26/13) & Phasing Plan -:~ ~_. er xff L:. ~: ....~.;. f w:. s ~) IIi ~'~,r ~~ ~ha ~; ~ .... ....~.~;. ...,:a - ~ ~~W ~ ~~ ~ { ~ I ~ tsa.y ~.. ~ ~C m....v >. I f r .. ., !..~ A ~ ~.q~ L~'y ~ ~~0 ~ . OS<.y ~ ysyt *~ ~..yP S Ov.M F ' i .~ r ` ^ F `\ .~ .. f ~ yF ~ A . ..~ ~•nf . ` ~ ryK' S rR~R Awy i i :y .Fj ` "i ~ ~~ ...ym.. E •e«, ~ ,,,gyp: .. 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Q ~. j >a p 9057 wp p ITk' , 170' ems' ,at t ~ J ~ Q' .. 12237 d ~ IrO6D fqR % 1W07 ~1 Qi ~' ~ 1'11f Ntl Y 1 ' • , 169• ~w 31 I10 Z ~ ~~ 11~Q7 NI 09 a; ® `~~ O 120 m '~6 10656 pR ~' - IION t~! ~ ? 1~ :>w 0 ~ tM• 1 ~~ ~ ' N ~' O 116m we k' 101+6 .~1 O ~ ®ro1v .11 ~ ,ar ,sr 6H' tN~' 10124, f6hO 1; ' -- ~ b nib .y1 k s 1x526 ,ye ®$ ,~• am u ( ®Iofe1 >yl >,~ =s ~, ~ 10956 +f1 ,µ' .._. I ' j it p iran.pl ~e ., 10629.1- -~ - 9m.1~- 1 ----y~;,R p r TS..._. ,K az •m, C-N1J16 N KNa1 bpl6' 919 ~ ~ .~~.~~~~ii•• $e ~~ ~ 4 `k. Exhibit A Page 4 EXHIBIT A Exhibit A.4: Proposed Landscape Plan (dated: 8/26/13) ~ ~~ ~~~~~~~~~~~~~~~~~~~~~, iNGN.NARY lMT WIBSCN[ •lMl r r.- ___-__:"°-'-- _ __~ ~ 1 WHI7BBARK SUBDIVISION _. --n- ~ ------ --~ . .oum .+ «c ~ax.~s, , . or xcnar: ~a 1 --- I T91. Rf(, BY., »~ ~.;> = 7 • + B ®; ; Y[Mp~K /D~ COI1Nff. UANO I~YM~~ ~ ' - SHEET L1.1 1 ~. 1 = }- = -T _,• ~! ' J LOCATION 1 ~~~ ~l'~. ~- -~ ~- ~ ~ SHEET L12 1 ~ -- -- 1 1 1 .~ ~~~ ~ ~~,°~~~ ~~11. ~ ~>1fT! LOCATION MAP 1 __ . 1 ~/ I • • __ 1 ' + '- ' - - SHEET L1.3 ~' , 1 1 . - . . -- 1 1 -- _ __. _-- 1 1 _. -- -- 1 .... `--------------------' rB•IZw~ ~.B~ioxa~ ~ 10a:a.a B>1rRS.msrw a irs xBGn /~ ~PRR~PLAT • OVlIALL MTL PLAN 6y(M/iMM a~B4 rB~•~ ~•~ ~ • •« YMV ~'M »io , ®, M .~_.-__„____.._L~Z _R_~...~T~..~~__-__--______.._- _ .I _ O 1 _, ~ ~ ~ ~ . ~ , : ~~ ___ _ ,~ I ~.. ., „_.._,_. Q ~{iY~ •h Ems'' ; x;ST t eisT. ~ ~a°~~ i s ~ a.w ~ 4 f'.Lif, N ' j • ~~ r ~ ~1~ r~ y '~t ~` o o ~' --- M ~}1 t ~ I o ~ ~~ I -----_ - j .~ O ~ • Ex ~ S. a~ytt•• '~ __~--~__ O O ""~ O ~~~ ~~~~~~~~~~ ~~~~ O Q O w ELLiG ~~~~0 ~~~ ~~~~~~~~~~ ..___._, .____ ~ W (1 m __-__-_ ~ ( ^ /~ ~~,AI~APE PLAN rINIL tA1p0Af~ NDT[i L~lir ^^ •O B!P tL0lili 0~1i. !ll L1`1S34CIP^"••'~•••~•w+°•~• _ w Ir~r~r••~eBr 1!w•i1 Ally ~i fa® lOS l1J1rl I1! L~I®/6~:1 /01r. ~1rD ~~i/ -'-iw..~iBw`•~'w.wr ~w~nr Exhibit A Page 5 EXHIBIT A ® _ _-_ __. __..w_____._.. EKY.7 ..~"~~ ~~~~~~~~~~ ~ ~~~~r~ ~~ ~~~~~~~~~~ . ~~M~~M~~..i tv BLH: o __-____..._.._.. O m ~ O t ~ Q m O _.~_.-_ ___.____ ~.M ____.___ ~ W "- ~ __-__-__ ~ O o ~ O I y ~ ~ ® t ..~_ ___ _.. ~____ _ - . ® O i r o ~.r. ;. O __~__~ __ ..____~___ _ ~ . -.__~__ , O ~~ O _____~ __ .._.. _._-____. , ' ~ 0 ~ o .~_ o ~___________ ~~~ ~ ~ ®~ fii0 ~~ ~~L ~ GYM*r~1~~ ~,~II~~ ^~~^~Y~~ ~1~ ® ~IiiYM M~.F~~M 1~M r 17dN ~ ~ YO ~'~ ~ Sit L~T>l~Ml~~~~Q~/ N w.irae~ ~ ~~.«~vwnAar~~w.w .eau wn~w~~ ______ ~ ~ 'i I _________~ _ T ----- .., J, o ~ O.. ~;~ ® ------------ O , --{----- - ~ O O ~ ;ti O -- ___-__-__ N" ~ ~ 0 0 - m ;~ ~ O -----_- p--- W - 0 o p ® -- ------ ~ -- y ----___._ ~ ___------N--------- ~ ,~ © ~ N ® o .~ APE ~ ...~ ~~ ro,.. ~,...~. ® ~ ...w..........~,... ® ®! LLO ~Oi OTaili ~ IdhRRRR;t°'~'~""~""""~" N .,.,,...,..,. lWlf ~IID Qt i/A 1Oi ~11'i •r.... w~..~«. ~.w.r f.1l. L~1PD~0~1,1gl~. AND B~I~III -~ rw.~•~••~•s•.•r~~•w ~ifi ;~ ~~ iii.0 EXHIBIT A Exhibit A.S: Conceptual Building Elevations ~. Exhibit A.6: Colored Site Plan emu, ~ WF b ex??? Heel uates~esu ~~ ~,c rrr-xr+ u~r.`ar~tx rem n arts Lr-!'_ EXHIBIT A ~_. LEGEND ,, c~sc~n-eu.u+.erc,.ma ~ ecaat.;~av~.vs=wce c~titi'rERSrFS:r +x~sc,tieEr;,wvrers EXHIBIT A Exhibit A.7: Temporary Sanitary Sewer Plan __ ~ ~ ~ ` "p`~ ~ ap ~* ~ ' ~ v~ ~' '~~~ ~,~ l"~plhitebark '~~a; ~ ~! ,i „~s~'i~`+, ~ , ~ ~Tr ` ~ p a, S ~ 8V' b k 1~b" ~. pr ^r ~N ~' ~'~ \~~~ ~ ~\ ~ Ott p'!, ~ 'v ~\ ~ 1 4 ~ ~; ~~ ~ Future Development ' ~ a :"~ .:# s'~' dayy x'~ ~ +~ ~' x~ Y ~~ r ` ~'~, A~~ £ ~ 'T~ ~ Ate, ~ 0}~~v ~} 4 t .d y~_f f '. At rMw~ ~~ ''"~r„1 ~ S /.~, `4~ •. ~~-r'-- ----°'- ~1 T. 4,x -~~~ _ __ ~~n9ss.~ w ~~ / i ~ ..~ t £ t ~ ~ _ yy i ,~ ti ~ ~ r \ ~ ~~ ~ r x ~ ~ , Blacl~rock~`~'~ ~ ~ .,, f / ~ ~~'~i ~ kt~ 5 ~ ~ »_ ~ ~ '~ fi y - ~,-...~„ err ~ ~ ~.~ ~:~ ~~ S~ .t ~ ~ I r ` f '~, ~ ~,, ~ ~ e ~ ~'~' S 3"'~ w ~ t ~ ,, 'a': ~~ ~r , 1 t~. ;i ~'~ ~# r.vk '. ro°a. ^. ~ i a ~. '~i Whitebark Temporary Sewer Plan ,;,~, ~ ~~ ~ I ' ~:a~, hk~.,f w ..~_.,.. yp. ~~ ~ ~ _. 3~ T,~ ~ s• "i . ' Tempoanr Seaver Service A•ra ~.. ~ ~ .~~, ~ , H ,. ~. ,~ t,.. ~ - t. EXHIBIT A This information is being provided to clarify the available capacity of the temporary sewer service to the area south of Amity Road, generally southeast of the Estancia Subdivision. The available capacity in the temporary main is detailed below, and is to be consumed on a first come, first served basis. The table below illustrates the declining balance of said capacity as it is being consumed by developments within the Temporary Sewer Service Area. Table 1-Temporary Sewer Service Area -Declining Balance Tabulation Available Temporary Capacity 258 Dwelling Units {DU) Blackrock (Existing Sub.) (44) Whitebark (Phase 1) (29) Remaining Capacity 185 Dwelling Units EXHIBIT A EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Future development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. 1.1.2 The preliminary plat included in Exhibit A.3 shall be revised as follows: a. The street frontage for Lots 3 & 4, Block 4 needs to be widened to 15 feet in accord with UDC 11-2A-3; b. The street frontage dimension needs to be shown on Lots 12 & 13, Block 1 and Lots 3 & 4, Block 6; c. Street frontage meeting the minimum requirements of the R-4 district should be provided to the 1 acre outparcel at the northeast corner of the site (parcel #S 1132212510). d. Include the setbacks, building envelope, and orientation of the structures on Lots 3, 4, 6, and 7, Block 1 and Lots 3 and 4, Block 4 on the preliminary plat or submit an exhibit with the final plat application showing these items, per UDC 11-6C-3D.7. e. Add a note to the face of the final plat stating that any proposed and/or future usaLe of the Boise Proiect Board of Control facilities are subiect to Idaho statutes Title 42-1909; and that fencinE must be constructed lust off the lateral easement. 1.1.3 All proposed and/or required fencing shall be consistent with the standards as set forth in UDC 11-3A-7. Fencing adjacent to pathways and interior common open space areas shall not exceed four (4) feet in height if closed vision fencing is used or six (6) feet in height if open vision fencing is used. 1.1.4 The common area and site amenities shall be provided as shown on the landscape plan. 1.1.5 The final plat(s) shall be consistent with the preliminary plat included in Exhibit A.3 as required by UDC 11-6B-3C. 1.1.6 The landscape plan submitted with the final plat shall be consistent with that shown in Exhibit A.4. 1.1.7 Common driveways shall comply with the standards listed in UDC 11-6C-3D in effect at the time of final plat submittal. 1.1.8 The applicant shall contact Elroy Huff, City Arborist (208-888-3579), to determine which existing trees on the site that are proposed to be removed require mitigation in accord with UDC 11-3B-1 OC. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. EXHIBIT A 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. 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. 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 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3 G-3F 1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-06-044). 1.3.4 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. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 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. EXHIBIT A 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) obtain 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 Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer has proposed providing service by installing a temporary 8-inch diameter sewer main in E. Amity Road into an adjacent service area serving the Estancia and Bellingham Subdivisions to the west. Service from this temporary main is acceptable; however it shall be limited to a total of ~34-~4 258 lots as depicted on the "Whitebark Temporary Sewer Plan" map and "Table 1"that is attached as Exhibit A-7. The ~4~-1~4 2581ot maximum threshold for the temporary service boundary will be considered on a first come, first served basis. Once the trunk main intended to provide service to this area is available in E. Amity Road, the applicant shall be required to convert the temporary service over to permanent service from the trunk sewer main. The applicant shall also be responsible for the extension of the trunk main through this development to the south boundary. 2.1.2 Applicant shall be required to install a 12-diameter water main in N. Amity Road from the current points of terminus at the east boundary of Estancia Subdivision to the current points of terminus at S. Eagle Road unless another alternative route for a secondary connection is provided prior to final plat. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non-build agreement with the Cit~f Meridian on the number of lots beyond the above restriction. Said non-build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer 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 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 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 EXHIBIT A 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. 2.2.4 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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 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. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 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. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 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. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. EXHIBIT A 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 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. 2.2.21 100 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 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. 2.2.22 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. 2.2.23 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/s" 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. EXHIBIT A e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4 %2" 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. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 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. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 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. 4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with anall-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (1FC) 501.4 and Meridian amendment to 1FC 10-4-2J. 4.7 The applicant shall work with Public Works and Planning Department 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. 4.8 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has not concerns with 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 Dedicate 48 feet ofright-of--way from the centerline of Amity Road abutting the site. The District will provide compensation for additional right-of--way dedicated beyond the existing right-of- way. 7.1.2 Construct 5 foot wide detached sidewalk on Amity Road located a minimum of 42 feet from centerline of the roadway. A permanent right-of--way easement shall be provided if public sidewalks are placed outside of the dedicated right-of--way. 7.1.3 Construct one entrance road to the site from Amity Road as proposed, located 300 feet east of the west edge of the site. The entrance shall be constructed as proposed with two 21 foot travel lanes, an 11 foot center median, vertical curb, gutter, landscape buffers and 5 foot detached sidewalk. Sidewalk should be constructed parallel to the entrance road. Provide aright-of--way easement for EXHIBIT A public sidewalk placed outside the dedicated right-of--way. The easement shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of the sidewalk. 7.1.4 Plat the center median as right-of--way owned by ACRD. The Developer or Homeowners Association shall apply for a license agreement if landscaping is to be placed within this median. 7.1.5 Construct Scrub Pine Street as a 34 foot street section with rolled curb, gutter, and 5 foot wide attached concrete sidewalk within 46 feet ofright-of--way, as proposed. 7.1.6 Construct all other internal local roads as 34 foot street sections with curb, gutter, 8 foot landscape buffers, and 5 foot detached concrete sidewalk with 40 feet of right-of--way as proposed. Provide aright-of--way easement for public sidewalks placed outside the dedicated right-of--way. The easement shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of the sidewalk. 7.1.7 Written fire department approval from the City of Meridian for the proposed reduced street sections is required. 7.1.8 Construct one knuckle and 2 circular islands as proposed. Landscaping in islands shall not exceed a height of 3 feet. 7.1.9 Construct all internal streets to provide a minimum offset of 125 feet as proposed. a. Construct 4 stub streets as proposed: • A stub street to the east property line located 520 feet north of the south edge, to serve an undeveloped 10 acre parcel. • A stub street to the west property line located 480 feet north of the south edge, to serve an undeveloped 5 acre parcel. • A stub street to the south property line located 190 feet west of the east edge, to serve an undeveloped 113 acre parcel. • A stub street to the south property line located 170 feet east of the west edge, to serve an undeveloped 113 acre parcel. 7.1.10 Construct temporary turnarounds at the termini of the stub streets at the south property line. The temporary turnarounds shall be paved and have the dimensional requirements of a standard cul- de-sac. 7.1.11 Install a sign at the terminus of each stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.12 If the circular roadway islands are constructed on the two north-south streets, landscaping in the center islands shall not exceed a height of 3 feet and the Landscape Medians Policy 7207.5.16 shall apply. The islands shall not restrict any driveways. 7.1.13 Direct lot access is prohibited to Amity Road, other than the access specifically approved in this application and be noted on the final plat. 7.1.14 Payment of impacts fees are due prior to issuance of a building permit. 7.1.15 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. EXHIBIT A 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 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 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 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 ACRD 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 ACRD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A C. Required Findings from Unified Development Code Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; 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 the proposed development will not be detrimental to the public health, safety or general welfare of the community. E IDIAN~-- i~AFt Cornrntxtity Deve~pment Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM December 13, 2013 To: Mayor, City Council, and City Clerk From: Bruce Freckleton, Development Services Manager Re: Clarifications incorporated into the Whitebark Finding of Facts, Conclusions of Law Dear Mayor, City Council, and City Clerk, There have been several questions regarding the original Exhibit A.7 and it's accompanying Tablel. The original Exhibit and Table were more detailed than necessary, thereby creating confusion and misunderstanding. t have inserted a new Exhibit and Table into the FF/CL documents you have before you that are more clear and easy to understand. The modified Exhibit and Table have been reviewed by the applicant, and they have responded back with their support and approval (copy attached. Thank you for your consideration, Bruce Freckleton From: Dan Wood <dwood0214~gmail.com> Sent: Friday, December 13, 2013 2:12 PM To: Bruce Freckleton Cc: dyorgason6(~gmail.com; Chad Kinkefa; Doug McMaster; Dave Turner; Sonya Wattens Subject: Re: Clarification far the Whitebark Findings of Fact and Conclusions of Law Bruce, Whitebark sub. owners support and approve of the changes to the sewer exhibit. Thanks Dan ~JVood Sent from my iPad On Dec 13, 2013, at i :42 PM, Bruce Freckleton <bfireckleton(a~,tneridiancitv.or¢> wrote; Good afternoon everyone, I am attaching a memorandum detailing changes that will be presented to the City Council in an effort to clarify the temporary sewer capacity issues in the vicinity of Whitebark and Southern Highlands. The original exhibit and accompanying table was confusing and hard to understand. The changes I have made include in the new exhibit a easier to understand breakdown of the capacity and presents it in a declining balance format. I also made sure that the lot counts for each development were accurately reflected in the new table. The original number of 214 available units obviously didn't include the Blackrock area, however I have included it in the declining balance which increased the number you see to 25$, the capacity that the city's consultant came up with for the temporary 8-inch mainline. I would appreciate a response email from your spokesman as soon as possible, but please do let me know if you have any questions or concerns, Thanks, Bruce <image0(}3 jpg> <image004.png> Bruce Freckleton Qevebpmant Services Manaypr Caannwnky Dewebpnent Department