Biltmore PP 14-004ADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 40
BOISE IDAHO 07102114 11:02 AM
RDEPUTY Nola Olson
ECORDED -REQUEST OF III IIIIIIIIII'IIII IIIIIIIIIII�I' �I III
Meridian City 114052424
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. L.C. Development, Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 1 day of W 2014, by and between City of Meridian, a municipal corporation
of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,
Idaho and L. C. Development, Inc., whose address is PO Box 518, Meridian, Idaho 53680,
hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 _ WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, the property described in Exhibit "A" was part of the Victory
South annexation that was processed as a "Category B" annexation. One of
the provisions of the Declaration of Consent to Annexation is that the
property may not develop (or receive development approval) until such time
as the property owners and the City execute a Development Agreement (DA).
Therefore, in compliance with this provision, a DA is required to be
approved by City Council and recorded prior to submittal of a final plat
application; and
1.5 WHEREAS, Owner/Developer has submitted an application for preliminary
plat consisting of 159 single-family residential building lots and 12
common/other lots on 56.19 acres of land in an R-4 zoning district as
described in Exhibit "A; and
DEVELOPMENT AGREEMENT-BILTMORE ESTATES SUBDIVISION (PP 14-004) PAGE 1 OF 8
1.6 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
1.7 WHEREAS, the record of the proceedings for the requested preliminary plat
of the subject Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.8 WHEREAS, on the 6`h day of May, 2014, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.9 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on Final
Plat approval; and
1.10 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.11 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT-BILTMORE ESTATES SUBDIVISION (PP 14-004) PAGE 2 OF 8
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers L.C. Development, Inc., whose
address is PO Box 518, Meridian, Idaho 83680, the party that is developing
said Property and shall include any subsequent owner/developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcel zoned Medium Low Density Residential District (R-4)
and attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Direct lot access to S. Kentucky Way and W. Harris Street, both collector
streets, is prohibited in accord with UDC 11-3A-3.
b. All development within the Williams pipeline easement at the southwest
corner of the site shall comply with the Williams Gas Pipeline Developers'
Handbook. An encroachment permit is required for any development
improvements within the pipeline easement.
C. Future development of this site shall be generally consistent with the site plan
and conceptual building elevations submitted with this application included
in Exhibits A.4 and A.5 as set forth in the attached Findings (Exhibit B).
d. The rear and/or sides of homes on lots that face or back up to S. Kentucky
Way and W. Harris Street, both collector streets, shall incorporate articulation
through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
DEVELOPMENT AGREEMENT-BILTMOREESTATES SUBDIVISION (PP 14-004) PAGE 3 OF 8
e. All existing structures on the site are required to be removed prior to
signature on the first phase final plat by the City Engineer, except for the
existing home in Phase 2 which is allowed to remain until signature on the
2nd phase final plat by the City Engineer.
f The park proposed on Lot 1, Block 7 shall be constructed with phase 2 of the
development.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the Preliminary Plat or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
DEVELOPMENT AGREEMENT- BILTMORE ESTATES SUBDIVISION (PP 14-004) PAGE 4 OF 8
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY.- with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, ID 83642
DEVELOPMENT AGREEMENT-BILTMOREESTATES SUBDIVISION (PP 14-004) PAGE 5 OF 8
OWNERIDEVELOPER:
L.C. Development, Inc.
P. O. Box 518
Meridian, ID 83680
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
DEVELOPMENT AGREEMENT- BTLTMORE ESTATES SUBDIVISION (PP 14-004) PAGE 6 OF 8
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date first above written and upon execution of the Mayor and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
L.C. Development, Inc.
By
CITY OF MERIDIAN
By:
Uov P, ='D AUCb.S Mayor y de Weerd
o�
ATTEST: _ n City of
IDAHO
Holman, City Clerk ` r
FR O�IAe iRCRSUPU
DEVELOPMENT AGREEMENT—BILTMORE ESTATES SUBDIVISION (PP 14-004) PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada,
On this -�i day of , 2014, before me, the undersigned, a Notary Public in and
for said State, personally app red L' ('�Piri�'B✓g known or identified to me
to be the Rez61 a(p,r-+ of L.C. Development, Inc., and acknowledged to me that he
executed th same on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL) SCA L. ••g
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M•'Bl i:. a D i V byi
STATE OF IDAHO• )
ss
County of Ada
Residing at: 4
My Commission
Q1
On this day of , 2014, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaydee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
•.,Ones,.•
•Op• J01y •.
(SEAL) : �Sti�TARp s'0
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Noi ryy Public for Idaho
Residing at: (
Commission expires: a- a
DEVELOPMENT AGREEMENT —BILTMORE ESTATES SUBDIVISION (PP 14-004) PAGE 8 OF 8
1101 -til �V.N
Legal Description
Biltmore Estates
A parcel located In the S % of the N % of Section 25, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southeast comer of the NE'/, of said
Section 25, from which a Brass Cap monument marking the northeast corner of said NE
bears N 0025'47" E a distance of 2642.94 feet;
Thence N 89029'05" W along the southerly boundary of said NE '/+ a distance If 1320.30 feet to
a 5/8 Inch diameter Iron pin marking the southeasterly corner of Meridian Heights No. 3
Subdivision as shown In Book 62 of Plats on Pages 6274 and 6275, Records of Ada County,
Idaho, and the POINT OF BEGINNING;
Thence continuing along said southerly boundary N 89°23'56" W a distance of 1320.68 feet to a
6/8 inch diameter Iron pin marking the southwest corner of said NE 1/n;
Thence N 89026'30" W along the southerly boundary of the NW 1/1 of sold Section 25 a distance
of 143.16 feet to a 5/8 Inch diameter Iron pin on the northerly and easterly easement line of the
Sundall Lateral;
Thence along said northerly and easterly easement line the following described courses;
Thence N 45°31'35" W a distance of 113.85 feet to a 5/8 Inch diameter Iron pin;
Thence a distance of 74.10 feet along the arc of a 130.00 foot radius curve right, said
curve having a central angle of 32"39'29" and a long chord bearing N 29°11'50" W a
distance of 73.10 feet to a 5/8 inch diameter iron pin;
Thence N 12952'05" W a distance of 326.67 feet to a 5/8 Inch diameter Iron pin;
Thence a distance of 84.58 feet along the are of a 420.00 foot radius curve left, said
curve having a central angle of 11032'16" and a long chord bearing N 18038'13" W a
distance of 84.43 feet to a 6/8 Inch diameter iron pin;
Thence N 24024'21" W a distance of 319.79 feet to a 5/8 Inch diameter Iron pin;
Thence a distance of 91.77 feet along the arc of a 120.00 foot radius curve left, said
curve having a central angle of 43°49'06" and a long chord bearing N 48018'54" W a
distance of 89.56 feet to a 6/8 inch diameter Iron pin;
Thence N 68°13'27" W a distance of 350.55 feet to a 5/8 inch diameter iron pin;
Thence a distance of 90.10 feet along the are of a 100,00 foot radius curve right, said
curve having a central angle of 51°37'25" and a long chord bearing N 42°24'45" W a
distance of 87.08 feet to a 5/8 inch diameter Iron pin;
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Biltrnore Estates Sub PP 14-004
Bllhoore Estates
Job No. 13-74
Page 1 of 2
EXHIBIT A
Thence N 18'36'02" W a distance of 254.04 feet to a 5/8 Inch diameter Iron pin on the
southerly boundary of Kentucky Ridge Estates Subdivision as shown In Book 70 of Plata
on Pages 7191 and 7192, records of Ada County;
Thence S 89°22'59" E along said southerly boundary, and the southerly boundary of Kentucky
Ridge Subdivision No. 2 ash shown in Book 72 of Plats on Pages 7389 and 7390, records of
Ada County, a distance of 1024.16 feet to a 5/8 Inch diameter Iron pin marking the northwest
corner of the SW Y4 of the ME 1/4 of said Section 25;
Thence S 89023'26" E along said southerly boundary of Kentucky Ridge Subdivision No, 2 and
the northerly boundary of said SW '/a of the NE '! a distance of 1320,12 feet to a 5/8 inch
diameter iron pin marking the northeast corner of said SW �/< of the NE 1/a;
Thence S 0°25'59" W along the easterly boundary of said SW 1/a of the NE 1/, and the westerly
boundary of said Meridian Heights No. 3 Subdivision a distance of 1323.12 feet to the POINT
OF BEGINNING.
This parcel contains 88,19 acres.
A LA
Land Snton olutions,, PC . Hansen, PLS NAS Tt
February 12, 2014 r �`,{A
1118 ) 0
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qj"fJo,n BilmoreEslales
L/'wnamn.ymo."d cummimy Job No. 13-74
Page 2 of 2
Biltmore Estates Sub PP 14-004
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
CE IDIAN*-,
IDAHO
In the Matter of the Request for Preliminary Plat Consisting of 159 Building Lots and 12
Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District for Biltmore Subdivision,
Located South of W. Victory Road and West of S. Meridian Road, by L. C. Development, Inc.
Case No(s). PP -14-004
For the City Council Hearing Date of: May 6, 2014 (Findings on May 20, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 6, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 6, 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 -14-004
-I-
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 May 6, 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 May 6, 2014, attached as Exhibit
A. A development agreement was required with the preliminary plat per the conditions of AZ -
13 -014.
D. Notice 2014 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 1I -
6B -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP44.004
-2-
(UDC 11-513-3F).
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 Fled.
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 May 6, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-004
-3-
By action of the City Council at its regular meeting held on the
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILANI
MAYOR TAMMY de WEERD
(TIE BREAKER)
cD\ day of "k I
VOTED A-je
VOTED X -IE
VOTED—A, -4 e -
VOTED
VOTED A4.e.
VOTED A, -q e
VOTED
1,7
Mayor Tam e Weerd
Attest: 3`o44oaieonUe�r�
City of
4 IDIAM
Jayc o an 10^x6
City Clerk^F SEAL
9Tfp'��de FFF ^bU84,�1
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Dated: h 10.1 �� • ���
Ci ler 's Mice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-] 4-004
-4-
EXHIBIT A
STAFF REPORT Hearing Date: May 6, 2014
CVEPIDIAN*�----TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: PP -14-004 — Biltmore Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, L.C. Development, Inc., has submitted an application for a preliminary plat (PP)
consisting of 159 single-family residential building lots and 12 common/other lots on 56.19 acres of
land in an R-4 zoning district for Biltmore Subdivision. See Section Mof the staff report for more
information.
H. 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.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay, Applicant's Representative
ii. In opposition: Bill Hansen
iii. Commentine: Tamara Hamilton: Val Hill: and Fred Tillman
iv. Written testimonv: Beckv. McKay. ADDlicant's Renresentative: and Mark & Christine
Freeman
v. Staff Presenting application: Sonya Watters
vi. Other staff commenting on application: Justin Lucas
b. Key Issue(s) of Discussion by Commission:
I. Traffic impacts on S. Kentucky Way:
ii. The timing for a traffic signal at the Harris Street & Meridian Road intersection: and
iii. Connection to S. Carbondale Place, the stub street/cul-de-sac in Meridian Heights
Subdivision, at the northeast corner of the site.
c. Key Commission Change(s) to Staff Recommendation:
i. Modify condition #1.1.1c to allow the existing home in phase 2 to remain until signature
on the 2"a phase final Plat by the City Engineer:
ii. Modify condition #1.1.8 to allow for ditches to remain open if used as a water amenity
or linear open space in accord with UDC 11 -3A -6A:
iii. Add new conditions requiring the applicant to install a water main through the common
lot required for the microunth in the vicinity of Lot 9. Block 9 to connect into the water
main required in the Proposed Revolution Ridge subdivision to the north: and include
an easement on the plat for the water main (#1.1.2b & #2.1.4).
d. Outstanding Issue(s) for City Council:
i. None
Biltmore Sub PP. 14-004 PAGE 1
EXHIBIT A
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development rather than phase 3 !see condition #l.l.f in Exhibm
ii. Council modified condition #1 1 2a to delete Block 4 from the pathway requirement
because the hlock Bets the required dimensional standards in UDC 11 -6C -3F withou
a pathway (measured from the rear of the lots!.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP -14-
004, as presented in the staff report for the hearing date of May 6, 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 -14-004, as
presented during the hearing on May 6, 2014, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number PP -14-004 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 south of W. Victory Road and west of S. Meridian Road, in the north %2 of
Section 25, Township 3 North, Range 1 West. (Parcel #: S1225131250; S1225131300;
S1225131350; S1225131400; and S1225233900)
B. Owner(s):
L.C. Development, Inc.
P.O. Box 518
Meridian, ID 83680
Biltmore Sub PP -14-004 PAGE 2
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development rather than phase 3 !see condition #l.l.f in Exhibm
ii. Council modified condition #1 1 2a to delete Block 4 from the pathway requirement
because the hlock Bets the required dimensional standards in UDC 11 -6C -3F withou
a pathway (measured from the rear of the lots!.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP -14-
004, as presented in the staff report for the hearing date of May 6, 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 -14-004, as
presented during the hearing on May 6, 2014, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number PP -14-004 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 south of W. Victory Road and west of S. Meridian Road, in the north %2 of
Section 25, Township 3 North, Range 1 West. (Parcel #: S1225131250; S1225131300;
S1225131350; S1225131400; and S1225233900)
B. Owner(s):
L.C. Development, Inc.
P.O. Box 518
Meridian, ID 83680
Biltmore Sub PP -14-004 PAGE 2
EXHIBIT A
C. Applicant:
Same as owner
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
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: March 17, and 31, 2014 (Commission); April 14, and 28,
2014 (City Council)
C. Radius notices mailed to properties within 300 feet on: March 6, 2014 (Commission); April 11.
2014 (City Council)
D. Applicant posted notice on site(s) on: March 23, 2014 (Commission); April 25, 2014 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential properties, zoned R4.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural and urban (Kentucky Ridge Estates) residential properties, zoned RUT in Ada
County and R-4
2. East: Residential properties (Meridian Heights), zoned R-4
3. South: Agricultural property, zoned RUT in Ada County
4. West: Rural residential/agricultural property, zoned RUT in Ada County
C. History of Previous Actions: This property was recently annexed with the Victory South
application (AZ -13-014, Ordinance No. 14-1594).
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the subject property
is currently under construction through the Hansen property between Meridian Heights and
Kentucky Ridge Subdivisions.
2. Location of water: Domestic Water service to the majority of the subject property does not
currently exist, and is dependent on the establishment of Pressure Zone #5. This new
Pressure Zone will provide service to lands above an approximate elevation of 2700 feet.
3. Issues or concerns: Domestic Water service to the majority of the subject property does not
currently exist, and is dependent on the establishment of Pressure Zone #5. This new
Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. To
establish Pressure Zone #5, two new water sources will be needed, one of which must be a
municipal well source, and the other can be from interconnecting pipes to other Pressure
Zone #5 piping. The Public Works Department is in the early stages of planning a FY 2016
Biltmore Sub PP -14-004 PAGE 3
EXHIBIT A
Capital Improvement Project to construct a pipeline from the existing Pressure Zone #5 west
to the vicinity of this development. This developer will be responsible to plan for a
connection to this pipeline. Due to the elevation and pressure zone issues, the northeast
portion of this proposed preliminary plat is the only area that will be able to be developed
without the establishment of Pressure Zone #5. Detailed water modeling analysis will be
required of final plat phases in this area to determine how much can be served by the existing
Pressure Zone #4. The balance of the proposed development will not be able to be developed
until such time that Pressure Zone #5 is established as stated above.
E. Physical Features:
1. Canals/Ditches Irrigation: The Sundall Lateral runs off-site along the west boundary of the
site; other ditches run north/south and along the northwest portions of the site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Low Density Residential (LDR) (16+/ -acres) and Medium Density
Residential (MDR) (40+/- acres) on the Future Land Use Map (FLUM) contained in the
Comprehensive Plan.
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.
The MDR designation allows smaller lots for residential purposes within City limits. Uses may
include single-family homes at densities of 3 to 8 dwelling units per acre.
The site is currently zoned R-4 which allows a maximum gross density of 4 dwelling units per acre.
The proposed plat depicts an overall gross density of 2.83 dwelling units (d.u.) per acre, with a net
density of 3.56 d.u. per acre, consistent with the R-4 zoning and LDR FLUM designation for this site.
The proposed gross density is lower than anticipated for the MDR designated area.
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." (3.07.0113)
The proposed low density residential development will contribute to the variety ofhousing
options located within the City.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
Street buffer landscaping is required adjacent to S. Kentucky Way and W. Harris Street, both
residential collector streets, in accord with the standards listed in UDC 11 -3B -7C. Separate
permits shall be obtained for signage and fencing. Fencing shall comply with the standards
listed in UDC 11-3A-7.
Biltmore Sub PP -14-004 PAGE 4
EXHIBIT A
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117)
The proposed low-density residential development should be compatible with existing
adjacent residential and agricultural uses.
• "Require common area in all subdivisions." (3.07.02F)
The proposed plat depicts a total of 5.78 acres of qual f ed open space/common area to be
provided on the site in accord with the standards listed in UDC 11 -3G -3B.
• "Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts stub streets to the north, east, south and west for future extension
and interconnectivity. The proposed plat also depicts a connection to the existing stub streets,
S. Kentucky Way, and W Harris Street.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.0313)
There are no pedestrian connections proposed to adjacent properties. In order to promote
neighborhood connectivity, micro paths should be provided to the north, west, and south.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0 IF)
City sewer service will be available to this site upon completion of the sanitary sewer
currently under construction across the Hansen property between Kentucky Ridge Estates
and Meridian Heights subdivisions. Domestic Water service to the majority of the subject
property does not currently exist, and is dependent on the establishment of Pressure Zone #5.
This new Pressure Zone will provide service to lands above an approximate elevation of 2700
feet. To establish Pressure Zone #5, two new water sources will be needed, one of which
must be a municipal well source, and the other can be from interconnecting pipes to other
Pressure Zone #5 piping. The Public Works Department is in the early stages of planning a
FY 2016 Capital Improvement Project to construct a pipeline from the existing Pressure Zone
#5 west to the vicinity of this development. This developer will be responsible to plan for a
connection to this pipeline. Due to the elevation and pressure zone issues, the northeast
portion of this proposed preliminaryplat is the only area that will be able to be developed
without the establishment of Pressure Zone #5. Detailed water modeling analysis will be
required offinal platphases in this area to determine how much can be served by the existing
Pressure Zone #4. The balance of the proposed development will not be able to be developed
until such time that Pressure Zone #5 is established as stated above.
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. The medium
low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per
acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-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
Biltmore Sub PP -14-004 PAGE 5
EXHIBIT A
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 Tables 11-2A-5 for the R-4 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Tables 11-2A-5 for the R-4 zoning district.
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:
This property was part of the Victory South annexation that was processed as a "Category B"
annexation. One of the provisions of the Declaration of Consent to Annexation is that the
property may not develop (or receive development approval) until such time as the property
owners and the City execute a Development Agreement (DA). Therefore, in compliance with this
provision, staff recommends a DA with the provisions contained in Exhibit B of this report. The
DA is required to be approved by City Council and recorded prior to submittal of a final plat
application.
PRELIMINARY PLAT
The proposed preliminary plat consists of 159 single-family residential building lots and 12
common/other lots on 56.19 acres of land in the R-4 (low density residential) zoning district. The
minimum lot size proposed in the development is 8,640 square feet (s.f.) with an average lot size
of 11,020 s.f; the minimum lot size adjacent to existing lots in Kentucky Ridge Estates is 10,000
s.f. The gross density is 2.83 dwelling units per acre with a net density of 3.56.
Existing Structure(s): There are three existing homes and accessory structures on the site that
are proposed to be removed. All structures on the site are required to be removed prior to
signature on the final plat by the City Engineer.
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 the plat in
compliance with those standards.
Block Length: The maximum block length standard is 750 feet without an intersecting street or
alley (UDC 11 -6C -3F).
The length of the north block faces of Blocks 4 and 5 measure 822 feet and 867 feet respectively
and exceed the maximum block length allowed. Block 3 also exceeds the maximum length;
however, there are existing residential lots that abut this block to the north with no street
connection to the site.
The UDC does allow for the block length to be extended to 1,000 feet when a pedestrian
connection is provided in certain circumstances. Therefore, staff recommends a micropath is
provided centrally within Blocks 4 and 5 to provide access to the park in Block 7.
Access: Access to this site is proposed on the plat from the north via S. Kentucky Way, a
collector street in Kentucky Ridge Estates Subdivision; from the east via S. Carbondale Place, a
local street in Meridian Heights Subdivision; and from the southeast via W. Harris Street, a
collector street. A stub street is proposed to the west and to the north for future extension.
To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project which serves more than 30 homes, as set forth in International Fire Code
Biltmore Sub PP -14-004 PAGE 6
EXHIBIT A
Section D107.1. The two entrances should be separated by no less than %a the diagonal measurement
of the full development as set forth in International Fire Code Section D 104.3.
A Traffic Impact Study (TIS) was submitted by the applicant for this development. Comments
have not yet been received from ACHD on this application.
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.
Williams Gas Pipeline: A 300+/- foot long section of the Williams Pipeline crosses the
southwest corner of the site. The Williams Pipeline is a natural gas pipeline that serves as a
primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain
Region.
The proposed plat depicts a 75 -foot wide right-of-way/easement for use by the pipeline company.
All development shall comply with the Williams Gas Pipeline Developers' Handbook. An
encroachment permit is required for any developmentlimprovements within the pipeline
easement.
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 l i -3A -I8. Storm drainage
seepage beds are depicted within common areas on the preliminary plat.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3. A minimum 20 -foot wide street buffer is required along S.
Kentucky Way and W. Harris Street, both collector streets. Landscaping is required to comply
with the standards listed in UDC 11 -3B -7C; a detailed plan demonstrating compliance with these
standards is required to be submitted with the final plat application(s) for this subdivision.
The landscape plan depicts several existing trees on the site within future building lots; however,
the calculations table lists "NA" for mitigation of existing trees proposed to be removed. 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. Mitigation
calculations for existing healthy trees proposed to be removed should be included on the
landscape plan submitted with the final plat application(s).
Landscaping is required along all pathways on the site in accord with the standards listed in UDC
11 -3B -12C.
Open Space & Site Amenities: Based on the area of the preliminary plat (56.19 acres), a
minimum of 10% of the site (or 5.61 acres) is required to consist of qualified open space as
defined in UDC 11 -3G -3B. The applicant proposes a total of 10.2% (or 5.73 acres) of qualified
open space consisting of a 1.5 acre park, a 0.20 acre pocket park, drainage areas, pathways, street
buffers along collector streets (W. Harris St. & S. Kentucky Way) and parkways along local and
collector streets, in compliance with the required standards.
In accord with UDC 11 -3G -3A.2, a minimum of 3 qualified site amenities are required to be
provided with this development as set forth in UDC 11 -3G -3C. The applicant proposes a tot lot
with a play structure and a %: basketball court as recreational amenities and a segment of the
City's regional pathway as a pedestrian/bicycle circulation system amenity in accord with UDC
Biltmore Sub PP -14-004 PAGE 7
LW4461130V.1
requirements. A detail of the play structure proposed in the tot lot should be submitted with the
final plat application for the phase in which it is located.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17.
Minimum 5 -foot wide detached sidewalks are required along S. Kentucky Way and W. Harris
Street, both arterial streets. The street sections shown on the preliminary plat depict 5 -foot wide
detached sidewalks throughout the development.
Pathways: A 10 -foot wide regional pathway is depicted on the landscape plan across the
southwest corner of this site within the Williams gas pipeline easement in accord with the Master
Pathways Plan. Landscaping should be provided adjacent to the pathway in accord with UDC 1I -
3B -12C. If landscaping is not allowed within the pipeline easement, it should be provided outside
of the easement within the adjacent common area.
Internal micropath connections are proposed to the park in Block 7 and the regional pathway in
Block 8; however, no pathway connections are proposed to future developments (there are no
existing pathway stubs to this site from adjacent existing developments). Therefore, staff
recommends micropath connections to the west (somewhere in the vicinity of Lots 16-19, Block
9); to the north in the vicinity of Lot 9, Block 9 to connect to a pathway planned in Revolution
Ridge Subdivision; through Blocks 4 and 5 to comply with block length standards; and between
Lots 18 and 19, Block 2 to provide a pedestrian connection to the sidewalk along W. Harris
Street. Landscaping should be provided adjacent to the pathways in accord with the standards
listed in UDC 11 -3B -12C.
Waterways: The Sundall Lateral lies off-site along the west boundary of the site. Other ditches
also cross this site. All ditches on the site are required to be piped unless waived by City Council
in accord with UDC I 1 -3A -6A.
Floodplain: This site does not lie within the Meridian Floodplain Overlay District.
Building Elevations: The applicant has submitted two conceptual building elevations for the
future homes in this development, included in Exhibit A.S. Because the sides of homes on lots
adjacent to S. Kentucky Way and the rear of homes that back up to W. Harris Street, both
collector streets, will be highly visible, staff recommends the rear and/or sides of structures on
these lots incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall planes and roof
lines.
Fencing: There is an existing 6 -Foot tall fence along the east and a portion of the north boundary
of the site adjacent to existing residential lots. The landscape plan depicts 4 -foot tall solid vinyl
fencing adjacent to interior common areas and 6 -foot tall vinyl fencing along the west boundary
and adjacent to portions of the collector streets. All fencing installed on the site should comply
with the standards listed in UDC 11 -3A -6B and 11-3A7.
Property Boundary Adjustment (PBA): A PBA application was tentatively approved on March
12, 2014 which created the parcel configuration shown on the preliminary plat. Prior to final
approval of the PBA application, the existing structures on the site are required to be removed.
Prior to submittal of a final plat application for this site, the applicant must obtain final approval
of the PBA application.
In summary, Staff recommends approval of the proposed preliminaryplat request for this site
with a development agreement and the recommended conditions listed in Exhibit B of this report
in accord with the findings contained in Exhibit C.
Biltmore Sub PP -14-004 PAGE 8
EXHIBIT A
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 1/21/14)
3. Proposed Landscape Plan (dated: 1/28/14)
4. Site Plan
5. Conceptual Building Elevations -REVISED
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Biltmore Sub PP -14-004 PAGE 9
EXHIBIT A
A. Drawings
1. Vicinity Map
Exhibit A Page I
EXHIBIT A
2. Proposed Preliminary Plat (dated: 1/21/14)
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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 A Development Agreement (DA) was required as a provision of the Declaration of Consent to
Annexation of this property. Prior to development of this property, a DA shall be entered into
between the City of Meridian, the property owner(s), and the developer.
The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be
signed by the property owner and returned to the City prior to submittal of the final plat
application. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Direct lot access to S. Kentucky Way and W. Harris Street, both collector streets, is
prohibited in accord with UDC 11-3A-3.
b. All development within the Williams pipeline easement at the southwest comer of the site
shall comply with the Williams Gas Pipeline Developers' Handbook. An encroachment
permit is required for any development improvements within the pipeline easement.
c. Future development of this site shall be generally consistent with the site plan and conceptual
building elevations submitted with this application included in Exhibits A.4 and A.5.
d. The rear and/or sides of homes on lots that face or back up to S. Kentucky Way and W.
Harris Street, both collector streets, shall incorporate articulation through changes in
materials, color, modulation, and architectural elements (horizontal and vertical) to break up
monotonous wall planes and roof lines.
e. All existing structures on the site are required to be removed prior to signature on the first
phase final plat by the City Engineer, except for the existing home in Phase 2 which is
f. The nark proposed on Lot 1, Block 7 shall be constructed with phase 2 oft development•
1. 1.2 The preliminary plat included in Exhibit A.2 dated 1/21/14 shall be revised as follows:
a. Micropath connections shall be provided to the west (somewhere in the vicinity of Lots 16-
19, Block 9); to the north in the vicinity of Lot 9, Block 9 to connect to a pathway planned in
Revolution Ridge Subdivision; through Blocks -0 -and 5 to comply with block length
standards; and between Lots 18 and 19, Block 2 to provide a pedestrian connection to the
sidewalk along W. Harris Street.
b. Deoict an easement for a water main throueh the common lot reouired for the microvath in
the vicinity of Lot 9- Block 9
1.1.3 The landscape plan included in Exhibit A.3 dated 1/28/14 shall be revised as follows:
a. Provide micropath connections as detailed in condition #1.1.2a above and landscaping in
accord with the standards listed in UDC 11 -3B -12C;
b. Mitigation calculations for existing healthy trees proposed to be removed;
c. Landscaping is required adjacent to the 10 -foot wide pathway in Lot 6, Block 8 in accord
with UDC 11-3B- 12C. If landscaping is not allowed within the pipeline easement, it should
be provided outside of the easement within the adjacent common area.
1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B.
-3-
EXHIBIT A
1.1.5 The developer shall provide a minimum 10% qualified open space in accord with the standards
listed in UDC 11 -3G -3B.
1.1.6 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide
a tot lot with play equipment, a %, basketball court, and a segment of the City's multi -use pathway
system (or equivalent amenities as determined by the Planning Director) as proposed in Exhibit
A.3.
1.1.7 A detail of the tot lot play structure proposed in the tot lot on Lot 1, Block 7 shall be submitted
with the final plat application for the phase in which it is located.
1.1.8 All ditches are required to be piped in accord with UDC 11 -3A -6A unless waived by City
Council or used as a water amenity or linear open space.
1.1.9 Prior to submittal of a final plat application, the applicant must obtain final approval of the
Property Boundary Adjustment (PBA -14-001) 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 11-2-A-5.
1.2.2 Comply with all provisions of I 1-3A-3 with regard to access to streets. Direct lot access to S.
Kentucky Way and W. Harris Street is prohibited.
1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Minimum 5 -foot wide
detached sidewalks are required along S. Kentucky Way and W. Harris Street, both collector
streets.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
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 -
11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5
and 11 -3B -7C.
1.2.12 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.
1.2.13 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 l 1-3B-10.
1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
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EXHIBIT A
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 11-3B-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 -3G -3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
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 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 -5C -3B. 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 as set forth in UDC 11-613-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-611-
713 (if applicable).
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 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 Domestic Water service to the majority of the subject property does not currently exist, and is
dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide
service to lands above an approximate elevation of 2700 feet. To establish Pressure Zone #5, two
new water sources will be needed, one of which must be a municipal well source, and the other
can be from interconnecting pipes to other Pressure Zone #5 piping. The Public Works
Department is in the early stages of planning a FY 2016 Capital Improvement Project to construct
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EXHIBIT A
a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This
developer will be responsible to plan for a connection to this pipeline. Due to the elevation and
pressure zone issues, the northeast portion of this proposed preliminary plat is the only area that
will be able to be developed without the establishment of Pressure Zone #5. Detailed water
modeling analysis will be required of final plat phases in this area to determine how much can be
served by the existing Pressure Zone #4. The balance of the proposed development will not be
able to be developed until such time that Pressure Zone #5 is established as stated above.
2.1.2 The applicant has offered to donate a site for a new municipal well. The site for the well will
need to be coordinated with the Public Works Department, and be a minimum of 140'x140'. If
the well site cannot be legally divided off and conveyed to the city at this time, the city can accept
a long term lease until such time that the property can legally be conveyed. The timing of the
construction of the municipal well can take as much as three -years. Because of the complex
nature of water delivery in this area, each phase of the development will require modeling
analysis. Results of this modeling may necessitate additional water main connections to ensure
fire flow needs are met.
2.1.3 When Pressure Zone 5 is established as noted above, and the developer proceeds with
development of property in that area, the developer will be responsible for the installation of
Pressure Reducing (PRV) station(s) to separate the Pressure Zones. The applicant shall provide
an easement and install a pressure reducing station vault and conduits for the power lines and
telemetry cable. The installation of the pressure reducing appurtenances shall be the
responsibility of the Meridian Public Works Department. The applicant shall coordinate the vault
and conduit design criteria with the Meridian Public Works Department as part of the
development plan review process.
required in the proposed Revolution Ridge Subdivision
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
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EXHIBIT A
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 I 1-3A-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.
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
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EXHIBIT A
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, comers, 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 with this application.
4. FIRE DEPARTMENT
4.1 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is
subject to budgetary constraints and is intended to enhance the probability of a favorable outcome
on a request for Basic and Advanced Life Support. The budget constraints are typically defined as
capital outlay for facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
4.2 One and two family dwellings not exceeding 3,600 square feet require a fire -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.
4.3 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'/z" 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'.
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EXHIBIT A
f Fire 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 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.
4.4 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.
4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.6 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.
4.7 Operational fire 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.
4.8 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
4.9 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
4.10 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.
4.11 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.
4.12 To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project which serves more than 30 homes, as set forth in International Fire
Code Section D107.1. The two entrances should be separated by no less than '% the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3.
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 888-3579 to coordinate mitigation for
existing trees on the site that are proposed to be removed, in accord with UDC I 1-313-10C.5.
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EXHIBIT A
7. ADA COUNTY HIGItWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Extend Harris from its current terminus into the site as one half of a 36 -foot residential collector
street section plus 12 -feet of pavement to total 30 -feet of pavement with vertical curb, gutter, and
an 8 -foot wide planter strip on the north side of Harris Street with a with a 3 -foot gravel shoulder
and barrow ditch on the south side of Harris Street within 50 -feet of right-of-way.
7.1.2 Construct a 5 -foot wide detached concrete sidewalk on Harris Street abutting the site within a
permanent right-of-way easement, as proposed.
7.1.3 Construct Hams Street to stub to the south, located 740 -feet west of the east property line. Install
a sign at the terminus of Harris Street stating that "THIS IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
7.1.4 Prior to signature on the first final plat, enter into a development agreement with ACHD which
will require the building of the collector roadway in the general alignment shown on the concept
plan through the parcels south and west of the site at the time they develop. The development
agreement shall be recorded and run with the land in the event the applicant should sell the
property before it develops.
7.1.5 If allowed by the Idaho Transportation Department (ITD), construct a dedicated southbound right
turn lane and eastbound left and right turn lanes at the SH-69/Meridian Road/Harris Street
intersection prior to plan approval or signature on the final plat that extends Harris Street to
Kentucky Way.
7.1.6 Extend Kentucky Way from its current terminus into the site with two 20 -foot wide travel lanes
curb, gutter, an 8 -foot planter strip, 5 -foot wide detached concrete sidewalk, and a 12 -foot center
landscape island, as proposed. As Kentucky Way extends south to Harris Street taper the roadway
to a standard 36 -foot wide street section with vertical curb, gutter, an 8 -foot wide planter strip,
and 5 -foot wide detached concrete sidewalks, as proposed.
7.1.7 Plat the center landscape island as right-of-way owned by ACHD. Enter into a license agreement
with ACRD for any landscaping proposed within the center landscape island.
7.1.8 Provide a permanent right-of-way easement for the detached sidewalks on Kentucky Way
abutting the site.
7.1.9 Construct all of the internal local streets as 36 -foot street sections with rolled curb, gutter, and a
6 -foot wide landscape strip within 50 -feet of right-of-way. Construct 5 -foot wide detached
concrete sidewalks on all internal local street with a permanent right-of-way easement, as
proposed.
7.1.10 The applicant has proposed to construct one cul-de-sac with a minimum turning radius of 45 -feet
and one knuckle, as proposed.
7.1.11 Construct Whitebird Drive as a stub street to the west property line, located 530 -feet north of the
south property line, as proposed. Install a sign at the terminus of Whitebird Drive stating that
"THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.12 Harris Street and Kentucky Way are classified as collector roadways. Other than access
specifically approved with this application direct lot access to these roadways is prohibited and
shall be noted on the final plat.
7.1.13 Payment of impacts fees are due prior to issuance of a building permit.
7.1.14 Comply with all Standard Conditions of Approval.
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EXHIBIT A
7.2 Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way.
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 hi 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
bome 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 ACED 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 ACED
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 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
1. 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 V11, 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 are not available at this time. When available,
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;
The City Council finds 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.). (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 is not aware of any
associated with the platting of this property.
analysis.
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health, safety, or environmental problems
ACRD considers road safety issues in their