Summerwood Sub PP-013-043CITY OF MERIDIANNI(I
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN,
AND
DECISION & ORDER
In the Matter of the Request for Preliminary Plat Consisting of 30 Building Lots and 3 Common
Lots on 10 Acres of Land in an R-4 Zoning District for Summerwood Subdivision, Located at 4202
4052 W. Daphne Street, by Kent Pintus.
Case No(s). PP -13-043
For the City Council Hearing Date of: April 15, 2014 (Findings on May 6, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 15, 2014, 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 § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -13-043
-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 April 15, 2014, 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 § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for preliminary plat is hereby conditionally approved per the conditions
of approval in the attached Staff Report for the hearing date of April 15, 2014, 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 11-613-7A).
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 11-613-713).
Upon written request and fled by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -13-043
-2-
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 15, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -13-043
-3-
By action of the City Council at its regular meeting held on the day of
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
VOTED TJ
A
VOTED
VOTED
VOTED
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE, BREAKER)
Mayor Tamm �,*,--'Weerd
C '
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -13-043
-4-
EXHIBIT A
STAFF REPORT Hearing Date: April 15, 2014
TO: Mayor & City Council El091
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: PP -13-043 — Summerwood Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Dent Pintus, has applied for a preliminary plat (PP) consisting of 30 single family
residential building lots and 3 common/other lots on 10 acres of land in an R-4 zoning district for
Summerwood Subdivision. See Section IX of the staff reportfor more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP application in accord with the conditions of approval
in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on March 6, 2014. At the
public hearing, the Commission moved to recommend approval of the subject PP request.
a. Summary of Commission Public Hearing:
i. In favor: Sabrina Durtschi, Applicant's Representative
ii. In opposition: None
iii. CommentinIZ: Eugene Thompson; Paul Poorman
iv. Written testimony: Sabrina Durtschi, Applicant's Representative (in agreement with
staff report)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Ke_y Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
L None
The Meridian City Council heard these items on April 15, 2014. At the public hearWa the
Council approved the subject PP request
a. Summary of City Council Public Hearinz.
i In favor: Sabrina Durtschi
L In opposition: None
iii. Commenting: None
ice. Written testimony - Sabrina Durtschi
Y. Staff presenting application: Sonya Watters
_ Other staff commenting on application: None
L Key Issues of Discussion by Council:
i None
c Key Council Changes to Staff/Commission Recommendation
L one
Summerwood Sub PP -013-043 PAGE 1
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP -13-
043, as presented in the staff report for the hearing date of April 15, 2014, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP -13-043, as
presented during the hearing on April 15, 2014, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Numbers PP -13-043 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 4202 and 4052 W. Daphne Street, in the SW '/4 of Section 27, Township 4
North, Range 1 West. (Parcel #'s: R0982010125 & R0982010150)
B. Owner(s):
Kent Pintus & Gerald Saxton
362 N 390 E
Ivins, UT 84738
C. Applicant:
Kent Pintus
362N390E
Ivins, UT 84738
D. Representative:
Sabrina Durtschi, Briggs Engineering
1800 W. Overland Road
Boise, Idaho 83705
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a preliminary plat. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 24,
and April 7, 2014 (City Council)
C. Notices mailed to subject property owners on: February 7, 2014 (Commission); March 20, 2014
(City Council)
D. Applicant posted notice on site(s) on: February 20, 2014 (Commission); April 3, 2014 (City
Council
Summerwood Sub PP -013-043 PAGE 2
EXHIBIT A
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is an existing residential home one each of the subject
parcels, zoned R-4.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Agricultural land (future residential), zoned R-4
2. East: Agricultural land (future residential, Bridgetower Estates Sub. 1), zoned R-4
3. South: Rural residential properties, zoned RUT in Ada County
4. West: Rural residential properties, zoned RUT in Ada County
C. History of Previous Actions:
® In 1972, a final plat was recorded that included the subject property as Lots 6 and 7, Block 2,
Black Cat Estates No. 2
® 1112006, the subject property was annexed (AZ -06-022) and zoned R-4; and a preliminary
plat (PP -06-022) was approved for Prato Villas subdivision. A development agreement was
required as a provision of annexation, recorded as Instrument No. 108087854.
® In 2008, the Director approved an 18 month time extension (TE -08-012) on the preliminary
plat in order to obtain the City Engineer's signature on a final plat. The preflininm y plat later
expired.
D. Utilities:
1. Location of sewer: The sanitary sewer main intended to provide service to this development is
currently under construction in W. Wapoot Street as part of the Bridgetower Estates
Subdivision No. 1.
2. Location of water: The domestic water main intended to provide service to this development
is currently under construction in W. Wapoot Street as part of the Bridgetower Estates
Subdivision No. 1.
3. Issues or concerns: Sanitary sewer and domestic water service to this development is
contingent upon the completion and acceptance of the utilities being installed as part of the
Bridgetower Estates Subdivision No. 1, including the installation of the Water Pressure
Reducing Station (PRV) in McMillan Road,
E. Physical Features:
1. Canals/Ditches Irrigation: The Scribner Lateral and the East Drain run across the southwest
corner 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
This property is designated "Low Density Residential" (LDR) on the Comprehensive Plan Future
Land Use Map (FLUM). The LDR 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 three dwelling units or less per acre.
This site is currently zoned R-4. The applicant proposes to develop the site with 30 single-family
homes at a gross density of 3.01 dwelling units (d.u.) per acre, which is consistent with the target
Summenvood Sub PP -013-043 PAGE 3
EXHIBIT A
density of the LDR designation.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
® "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E)
The proposed preliminary plat is for a low density single-family residential development,
Which should add to the variety of housing opportunities available in the City. The land to the
north and east is proposed to develop at a slightly higher medium density while the existing
properties to the south and ivest are a lotiver° rural residential density.
® "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
All common area landscaping and site amenities are required to comply with the standards
listed in UDC I1 -3B and 11-3G-3. Separate permits shall be obtained for signage and
fencing. Fencing shall comply with the standards listed in UDC 11-3A-7.
® "Require usable open space to be incorporated into new residential subdivision plats."
The applicant proposes to provide LI 0 acres (or I I% of the site) of common open space
within the subdivision, consistent with the mininnmr open space requirements listed in UDC
11-3G-3.
® "Protect existing residential properties from incompatible land use development on adjacent
parcels."
The site abuts other existing and fixture single-family residences. Because the existing, fixture
and proposed uses are all single-family residential, the proposed development should be
compatible.
® "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City."
Water and sewer services can be reasonably extended to the subjectproperty upon
development. Police and fire protection are already provided ccs the proper -o) is i0thin the
existing City limits.
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-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principal permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
Summerwood Sub PP -013-043 PAGE 4
EXHIBIT A
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Preliminary Plat
The proposed plat consists of 30 building lots and 3 common/other lots on 10 acres of land in the
R-4 zoning district. The plat is proposed to develop in two phases as shown in Exhibit A.2.
The minimum lot size proposed is 8,030 square feet (s.£) with the average lot size being 8,500
s.f. The minimum living area of proposed dwelling units is required to bel,400 square feet (s.£).
The gross density is 3 dwelling units per acre consistent with the LDR FLUM designation (see
Section VII above).
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.5 for the R-4 district and found it to comply
with the minimum standards.
Existing Structures: There are two existing homes and a barn on the site. The home located in
phase 2 and the barn located in phase 1 are proposed to be removed; the home in phase 1 is
proposed to be moved to a fixture lot in the subdivision. The existing structures should be
removed or relocated as applicable prior to signature by the City Engineer on the final plat in
which they are located.
Utilities: Street lighting is required to be installed within the development in accord with the
City's adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
At the time this property was annexed into the City, sewer and water services were not available;
therefore, the existing homes were not connected.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15.
Storm Drainage: A storm drainage system is required for the development in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3A-18.
Access: The primary access for this subdivision is at the south property boundary via W. Daphne
Street. A secondary access is planned at the northeast boundary of the site to connect to a fixture
street in Bridgetower Estates Subdivision. A stub street is proposed at the northwest boundary for
future connection and interconnectivity upon redevelopment of the parcel to the west.
Pathway: The Master Pathways Plan does not depict a segment of the City's regional pathway on
this site. There is an internal pathway planned within the common area on Lot 7, Block 3 for
pedestrian access to the picnic area and gazebo.
Sidewallis/Parkways: A 5 -foot wide attached sidewalk is proposed around the perimeter of
Block 3 and along W. Daphne Street; and an 8 -foot wide parkway and 4 -foot wide detached
sidewalk is proposed along the remaining internal streets in accord with UDC 11-3A-17.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
Common area landscaping is required in accord with UDC 11 -3G -3E; the proposed plan complies
with the minimum requirements.
Summerwood Sub PP -013-043 PAGE 5
EXHIBIT A
Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open
space in accord with UDC 11 -3G -3A; qualified open space is defined in UDC 11 -3G -3B. The site
consists of 10 acres; therefore, a minimum of 1 acre of qualified open space is required to be
provided. The plat depicts 1.1 acres of qualified open space consisting of a large (0.74 acre) open
common area and parkways along internal local streets, consistent with this requirement.
In accord with UDC 11 -3G -3A.2, a minimum of one site amenity is required to be provided with
this development as defined in UDC 11 -3G -3C. The applicant proposes a barbeque, benches and
a gazebo as quality of life amenities in compliance with this requirement. A detail of the gazebo
should be submitted with the final plat application.
Tree Mitigation: The landscape plan states there are a total of 186 caliper inches (c.i.) of trees on
the site that are proposed to be removed; 66 c.i. of which are dying or hazardous and don't require
mitigation; and 120 c.i. that require mitigation. The applicant should contact Elroy Huff, City
Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior
to removal of any trees on the site.
Fencing: A 6 -foot tall privacy fence is proposed along the perimeter boundary of the subdivision
as depicted on the landscape plan; all fencing should comply with the standards listed in UDC 11-
3A-7.
Fencing adjacent to all pathways and common open space areas shall comply with the standards
listed in UDC 11 -3A -7A. The fencing surrounding Lot 7, Block 3 (common lot) should be
restricted to 4 feet in height if solid fencing is proposed or 6 feet if open vision material is
used in accord with UDC 11 -3A -7A.7.
Waterways: The Scribbner Lateral and East Drain cross the northwest corner of this site. These
waterways are proposed to be relocated along the south and west property boundaries within a
35 -foot wide easement. The waterways should be piped in accord with UDC 11 -3A -6A. An
encroachment agreement is required to be obtained for the lots that encroach within the irrigation
easement; if an encroachment agreement can't be obtained, a common lot should be provided for
the easement.
In sunrmai)� Staff recommends approval of the proposed preliminmy plat requestfor this site
ivith the recommended conditions listed in Exhibit B of this report in accord with the findings
contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 1/27/14)
3. Proposed Landscape Plan (dated: 2/3/14)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Summerwood Sub PP -013-043 PAGE 6
EXHIBIT A
A. Drawings
1. Vicinity Map
Exhibit A Page 1
EXHIBIT A
2. Proposed Preliminary Plat (dated: 1/27/14)
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EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 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.
1.1.2 The applicant shall provide a minimum of 1.1 acres (or 10.1%) of qualified open space as
depicted on the plat and landscape plan attached in Exhibit A in accord with UDC 11 -3G -3B.
1.1.3 The applicant shall provide a barbeque, benches and a gazebo on the site as amenities in accord
with UDC 11 -3G -3C as shown on the landscape plan.
1.1.4 The landscape plan submitted with the final plat shall be revised as follows:
a. The fencing along the rear of Lots 1, 2, 3, 5, and 6, Block 3 adjacent to the common area shall
be reduced to 4 feet in height if solid material is used; or, a 6 -foot tall fence is allowed if open
vision material is used, per UDC 11 -3A -7A.7.
1.1.5 The applicant shall submit a detail of the proposed gazebo with the final plat application.
1.1.6 The existing structures should be removed or relocated as applicable prior to signature by the City
Engineer on the final plat in which they are located.
1.1.7 An encroachment agreement is required to be obtained for the lots that encroach within the 35 -
foot wide irrigation easement along the south and west boundaries of the subdivision; if an
encroachment agreement cannot be obtained, a common lot shall be provided for the easement. A
copy of the recorded easement shall be submitted with the final plat application.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 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. The existing waterways on the site shall be piped.
1.2.5 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11 -3A -7A7 and 11-313-12C respectively.
1.2.6 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28.
1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.10 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-
7C.
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EXHIBIT A
1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11 C.
1.2.12 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-3G-3135
and 11-313-7C.
1.2.13 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.
1.2.14 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.
1.2.16 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 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
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 -06-022, Development Agreement Instrument No.
108087854).
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 shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 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 1I -
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 11-5C-313. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat asset forth in UDC 11-613-3 C2.
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.
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EXHIBIT A
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-613-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their
current points of terminus to and through the proposed development. Sanitary sewer and
domestic water set -vice to this development is contingent upon the completion and acceptance of
the utilities being installed as part of the Bridgetower Estates Subdivision No. 1, including the
installation of the Water Pressure Reducing (PRV) Station in McMillan Road.
2.1.2 The applicant shall be responsible to construct an 8 -inch diameter water main along the
development's frontage in W. Daphne Street.
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
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, a single -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.
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EXHIBIT A
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.
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 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.
2.2.20 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
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EXHIBIT A
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 the site design submitted with the application.
4. FIRE DEPARTMENT
4.1 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 'Yz" 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 comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fine hydrants shall be placed 18" above finished grade to the center of the 4'/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of 1FC 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.
4.2 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.
4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.4 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.
4.5 Operational fine hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.6 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.
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EXHIBIT A
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-888-3579 to schedule an
appointment to inspect the existing trees on the site to determine mitigation requirements.
7. ADA COUNTY HIGHWAY DISTRICT
7.1. Site Specific Conditions of Approval
7.1.1 Construct Daphne Street as one-half of a 36 -foot street section with curb, gutter, and 5 -foot wide
sidewalk abutting the site.
7.1.2 Construct Joy Street into the site as a 36 -foot street section (back of curb to back of club) with
curb and gutter within 42 -feet of right-of-way, and a 5 -foot wide detached sidewalk abutting the
site.
7.1.3 Provide an easement for any sidewalk placed outside of 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 Either vacate or improve the knuckle at the intersection of Joy and Daphne Streets. If the knuckle
is to be incorporated as part of the site, the applicant will be required to vacate the right-of-way
through a separate public hearing process.
7.1.5 Construct Cypress Street, Willow Avenue, and Red Oak Avenue as a 36 -foot street section (back
of curb to back of curb) within 42 -feet of right-of-way, and 5 -foot wide attached sidewalk on one -
side of the street and a 5 -foot wide detached sidewalk along the other side of the street.
7.1.6 Construct Wapoot Street where it abuts Lots 1, 2, 3, and 4, Block 3, as a 36 -foot street section
(back of curb to back of curb) within 42 -feet of right-of-way, and 5 -foot wide detached sidewalk
on one -side of the street and a 5 -foot wide attached sidewalk along the Block 3 side of the street.
7.1.7 Construct the 2 stub street sections of Wapoot Street as 36 -foot street sections (back of curb to
back of curb) within 42 -feet of right-of-way, and 5 -foot wide detached sidewalks from the west
property line, approximately 150 -feet east to the where it intersects with Red Oak Avenue; and
approximately 150 -feet west from the east property line where it intersects with Willow Avenue.
7.1.8 Install signage at the terminus of the stub street to the west property line stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.9 In the event the proposed stub street fi•om the east property line is not constructed, install signage
at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE."
7.1.10 Provide a plan to prevent mud tracking into the Bridgetower Heights development, as well as a
mechanism to implement and enforce the plan until the lots in the Summerwood development
have been frilly developed, the houses built, and the lots vegetated and stabilized.
7.1.11 Payment of impacts fees are due prior to issuance of a building permit.
7.1.12 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval (DRAFT)
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way.
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EXHIBIT A
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or casement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
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 a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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EXHIBIT A
C. Required Findings from Unified Development Code
Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that City water and sewer services will be provided to the subject
property upon the completion and acceptance of the utilities being installed as part of the
Bridgetower Estates Subdivision No. 1, including the installation of the Water Pressure
Reducing Station (PRV) in McMillan Road. (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 upon comments provided from the public service providers (i.e., Police, Fire,
ACRD, etc.), the City Council determined 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.
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