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HomeMy WebLinkAboutChesterfield Sub PP 03-046 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Chesterfield Subdivision Case No(s). AZ-03-037 /CUP-03-070 /PP-03-046 For the City Council Hearing Date of: September 21, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the fITst publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 21, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. c. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O3-037/ CUP --03-070 / PP-03-046- PAGE I of5 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application( s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Centennial Development, LLC 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit F/GtH for the findings required for each type of application. 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 (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITomthe governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, Preliminary Plat dated 6/21/04 as shown in Exhibit B and the Conditions of Approval in Exhibit CID/E. 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 § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 6/21/04 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037/ CUP --03-070/PP-O3-046- PAGE 2 of5 2. The following modifications to site specific conditions were made at the City Council hearing: a. Condition added to Preliminary Plat that City enter a maintenance agreement with the homeowners association for the purpose of maintaining the pathway. b. Condition added to CUP to make ITont setbacks standard and allow a reduction of setbacks within the side yard setback to allow the option of attached or detached homes. 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037 I CUP --03-070 I PP-03.046- PAGE 3 of 5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a fmal action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Modified Conditions of Approval for Annexation and Zoning Exhibit D: Modified Conditions of Approval for Preliminary Plat Exhibit E: Modified Conditions of Approval for Conditional use Permit Annexation and Zoning Findings Exhibit F: Exhibit G: Preliminary Plat Findings Exhibit H: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the ¿;chJ~ ,2004. 1"1'6:- v day of COUNCILMAN SHAUN WARDLE VOTED~ eOul"uLlVIA:]<! BILL NARY 'ð'f~LJ- COUNCILMAN CHARLIE ROUNTREE VOTED-þ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED--==-- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-03-037/ CUP --03-070 IPP-03-046- PAGE 4 of5 Attest: J~ - ~ = WilliamG. Berg, Jr., Cit ler ~ ~ ,,'fn g ~"'C ~T 15"\ . ~ .f '" . "1 of) 'f' . ~ -:-"111 CouNT'!, """ Copy served upon Applicant, The Plannirt~/a.OOJi~M~'bepartment, Public Works Department and City Attorney. By: ~o....J;¡Jt l t1\tV City Clerk's Office Dated: ,C). 25.04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-03-037/ CUP --03-070/PP-O3-046- PAGE 5 of5 EXHmIT A Legal Description Project: September 10,2003 LEE PROPERTY TOTAL BOUNDARY (c¡"rl.,r".iJ. '<Ii) PARCEL DESCRIPTION A por,,1 of land being a portion of the northe,st \\ of the aouthwest \\ ,nd a portion ofthe nortbwest V, of the southeast V, of Section 10, Townsbip 3 North, Range 1 Weat, Boise Meridian, City of Meridian, Ad, County, Idaho, more particularly described as fullows: COMMENCING at a 3" brass cap morking the northwest corner of the soulhwest y, of said Section 10; Tbenca South S9'10'36" East coincident with tbe north line ufthe northwest 'h oftbe aouthwest \\ a distance of1318,SS feet to aS/S" rebar and on cap marking the nortbwest corner of said northeast \\ of the southwest y, and the POINT OF BEGINNING; Tbence Sooth S9'11 '10" East coincident with the north line of said northeast y. of the southwest \\ a distance of 1311.15 feet to a 3" brass cap marking the nortbwest comer of said northwest \\ of the soutbeast \\; Thence South 89'I I '01" East coincident with the nortb line of said northwest \\ of the southeast \\ a distance , of853,69 feelto a 5/S" rebar/cap PLS 5461 on the westright-of-way line ofthe Ten Mile Drain; Tbence South 11'00'28" East coincident with said west right-of-way line of the Ten Mile Drain, 198,28 feet to a S/S" rebar/cepPLS 5461; Tbence South 22'19'31" East coincident with said westright-of-way line of the Ten Mile Drwn, S3.44 feet to a S/S" rebar/cap PLS 5461; Thence South IS'56'22" East coincident with swd west right-of-way line oflbe Ten Mile Drain, 94,S9 feet to a5/S" rebar/cap PLS 5461; Then" Soutb 24'5S'19" East coincident with said west right-of-way line ofthe Ten Mile Drain, 125,16 foot to a S/S" rebor/cap PLS 5461; Thence Soutb 38'55'23" East coincident with said west right-of-way line oflbe Ten Mile Drain, 100,02 feet to a S/S"rebor/capPLS 5461; Thence South39'IS'43" East coincident with said westright-of-way line oflbe Ten Mile Drain, S9,05 feet to a 5/S" rebar/cap PLS 5461; Tbence Soutb45'OI'45" East coincident with said west right-of-way line ofthe Ten MiLe Drain, 1.16 feet to a 5/S" rebarlcap PLS 5461; Thence leaving said west right-of-way line ofthe Ten Mile Drain, North SS'21'07" Wes~ 16.07 feet to a 5/S" rehar/capPLS 5461; Thence South 00'50'53" West, 261.00 feet to a 5/S" rebar/cap PLS 5461 on the north right-of-way line oflhe Oregon Shortline Railroad; Thenca Nortb SS'26'25" West coincident with said north rigbt-of-way line of the Oregon Shortline Railroad, 2454.42 feet to a 5/S" rebar/cap PLS 5461 on the west line of said northeast \\ of the southwest V,; Thence Nortb 00'36'4S" East coincident with the west line of said northeast \\ ofthe southwest V, a distance of848,58 feet to the POINT OF BEGINNING, The parcel above described contains 46.40 acres, more or less, Basis of bearings is N 00'52'05" E between tbe 5/8"rebar with no cap marking the southeast corner of Section 10 and the 3" brass cap marking tbe.east \\ eornerofSection iO, Township 3 North, Range 1 Wes, Boise Meridian, Together witb and subject to covenants, easements, and restrictions of record, Da id S Short J ,L, End oWescription LieesaN561 ',IPROJECTSlHEARTLANDI3t29SISURVBy\LEGALS\sUBLEGAL DSSI" 9/1O/OJ EXHmIT B Approved Preliminary Plat f'¡(kL,'4 ß -P"~ .".. .... - .' 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Iii ~ ii, i. i ~ W111llj¡ 5 ¡Iii mill!!!! ,WI II 'I i " ~ , ~ II " ~ ~ ,,~ 0 ~ ~ 'I --,,~-,-- EXHmlT C Modified Conditions of Approval for Annexation and Zoning A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Any existing domestic wells and/or septic systems within this project will have to be removed ITüm their domestic service, per City Ordinance Section 5-7-517, when services are available ITom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 2I4-lot subdivision with an estimated 2.9 residents per household would have a total estirnated population of 621 residents at build out. 7. 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. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide ßignage "No Parking Fire Lane". C. 2. 3. 4. 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and outside and 'shall have a clear driving surface which is 20' wide, 48' Adopt the Recommendations of Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval ITüm appropriate entities is submitted. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for, stormwater disposal and design a stormwater management system that prevents groundwater and surfac.e water degradation. 5. D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalk within a total of 50- feet of right-of- way. Transition the location of the right-of-way to taper ITom a complete 36-foot street section at the west of the property to one half of a 36-foot street section with a minimum of 24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street (Pine Avenue) to have two l2-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20- feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. Ifthe applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance ITom the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (El Gato Street) approximately 370-feet east of the west property line. 5. 6. 7. 8. 9. Construct Notel Creek A venue to intersect Pine Street (£1 Gato Street) approximately 560-feet west of the east property line, as proposed. Construct a stub street (Kaspell Street) to the east property line approximately 11 O-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. Construct center islandslmedians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4-feet wide to total a minimum of a 1O0-square foot area. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 11. Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. 2. 3. 4. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 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. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road irnpact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. 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 (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The appIicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditionB 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 the Ada County Highway District. The burden shall be upon. the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change E. the plànned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations ofNampa Meridian lITigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdarn Drain and Kennedy Lateral courses fuough this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All rnunicipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recornmends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHmIT D Modified Conditions of Approval for Preliminary Plat SITE SPECIFIC CONDITIONS I PRELIMINARY PLAT 1. Water service to this site shall be via main line extensions ITom the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (including stub streets and EI Gato Road.). Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any rnains that are required to provide service. 2. Sanitary sewer service to this site will be via rnain line extensions to an existing temporary lift station within the Blackstone Subdivision. This lift station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developers expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the Hnal plat rnap by the City Engineer. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. The final plat for Chesterfield Subdivision will not be signed until the extension of Pine Street to Black Cat Road has been completed. 4. The applicant has not definitively indicated who will own and maintain the pressurized irrigation system within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation, system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in 6. 7. 8. 9. 10. writing that such a fence is not required. Fencing for the side yards of patio lots bordering Kaspell Street and all patio lots bordering common areas shall be 4' in height and rnade of a semi-solid material. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. This shall be an on- going condition of approval. Submit a detailed landscaping depicting the playground equipment to be added to the proposed parks and a detailed plan for the proposed storm drain ponds. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. Place a note on the plat that references the FEMA flood plain boundary adjacent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the preliminary plat A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing adjacent to the proposed park shall be 4' in height and depicted in the fencing plan. This shall be an on-going condition of approval. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The preliminary geotechnical evaluation, as prepared by Geo Engineers, indicates that shallow groundwater may be a factor, particularly in the areas of Test pits #1 and #5, where groundwater is assumed to be at a depth on the order of 3-3 1/2 feet. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 10% open space amenity shall be ITee of "wet ponds" or other such nuisances.) Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certifY that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 11. The City will enter into a maintenance agreement with the homeowners, association for the purpose of maintaining the pathway. GENERAL CONDITIONS 1. 2. 3. 4. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, depicting changes made to the plat since the initial submittal of the project and in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13- 10-8. 7. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company: The street light contractor shall obtain design and permit ITom the Public Works Department prior commencing installations. 8. 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 City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved - by the meridian City Engineer prior to final plat signature. 9. Contact Meridian's Parks Department regarding the existing rnatures trees on the subject property prior to the City Council hearing. Any tree over 4" in caliper that is removed ITom the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. B. 2. 3. 4. 11. Any existing domestic weliB and/or septic systems within this project will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as Iandscape irrigation. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Adopt the Recommendations of Central District Health Department as follows: 1. This proposaI can be approved for central sewage & central water after written approval ITorn appropriate entities is submitted. The Applicant's central sewage ilnd central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 5. C. Adopt the recommendations of the Ada County Highway District as follows: . Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right-of- way. Transition the location of the right-of-way to taper ITom a complete 36-foot street section at the west of the property to one half ofa 36-foot street section with a minimum of 24- feet of pavement, vertical curb, gutter and 5- foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe EI Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes, 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back -of-curb radius of IS-feet. If the applicant is proposing to have the residentiaI lots take access to the alley, parking shall be designed so the minimum clear distance ITom the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (EI Gato Street) approximately 370-feet east of the west property line. 5. 6. 7. 8. 9. 10. Construct Notel Creek Avenue to intersect Pine Street (EI Gato Street) approximately 560-feet west of the east property line, as proposed. Construct a stub street (Kaspell Street) to the east property line approximately 11O-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the west property line to serve the 5.3-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. Construct center islandslmedians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum ofa 21-foot street section on either side of any proposed center island/median and construct the island to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. Any proposed landscape islandslmedians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. lL Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as proposed. 12. Other than the access points that were specifically approved with this application, direct lot acc<;ss to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 4. 9. 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street ITontages abutting the site shall be bome by the developer. 3. 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. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 198, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verifY all existing utilities within the righÌ7of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) 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. 10. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec, d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 2l4-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 621 residents at build out. 7. 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. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide signage "No Parking Fire Lane". 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and outside and shall have a clear driving surface which is 20' wide. 48' D. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District rnust review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. A. A. EXHmIT E Modified Conditions of Approval for Conditional Use Permit Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall cornply with the Americans with Disabilities Act and the Fair Housing Act. 3. The following reductions in dimensional standards have been requested by the applicant: Setbacks- City ReQuirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) Modified ti!fough Condition #4 Street side: City Requirements (R-8) 20' Proposed Setbacks Modified ti!fough Condition #4 Lot Size- City Requirements (R-8) 6,500 sq.ft. (detached) Proposed Lot Sizes 3,100 sq.ft. (detached) Lot Frontage- City Requirements (R-8) 65 'minimum Proposed Frontage 3 5' minimum 4. Front setbacks will be standard and CUP will allow for reduction of side yard setbacks to allow the option for either attached or detached homes. B. Adopt the Recommendations of the Meridian Fire Department as follows: I. One and two family dwellings will require a fire-flow of l,OOO gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 214-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of621 residents at build out. 7. 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. This cost of this installation is to be borne by the developer 8. Paint the curb red and provide signage "No Parking Fire Lane". 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. No Parking signs and painted curbs will be required for all Fire Lanes. 11. All Common driveways shall be straight or have a turning radius of 28' inside and outside and shall have a clear driving surface which is 20' wide. 48' C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated ti!fough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2. 3. 4. 5. D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right-of- way. Transition the location of the right-of-way to taper ITom a complete 36-foot street section at the west of the property to one half of a 36- foot street section with a minimum of 24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a minimum of 40-feet of right-of-way at the east of the property. Stripe EI Gato Street (Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes. 2. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct the two alleys within the subdivision with 20-feet of pavement and construct the alley intersections with a minimum of back- of-curb radius of IS-feet. If the applicant is proposing to have the residential lots take access to the alley, parking shall be designed so the minimum clear distance ITorn the back of the parking stall to the opposite side of the alley is, 22- feet for perpendicular parking. Parking in alley is prohibited. 4. Construct a main entrance roadway to intersect Pine Street (EI Gato Street) approximately 370-feet east of the west property line. 5. Construct Notel Creek A venue to intersect Pine Street (EI Gato Street) approximately 560-feet west of the east property line, as proposed. 6. Construct a stub street (Kaspell Street) to the east property line approximately 11 O-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the west property line to serve the 53-acre site that is located directly to the west, as proposed. Construct a temporary turnaround and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct one alternative turnaround at the terminus ofKaspell Street to accommodate adequate turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Minimum design standards shall be met for all non-standard turnarounds. Submit a design of the turnaround for review and approval by District Development Division staff. 9. Construct center islandslmedians within the public right-of-way of the two main entrances to the subdivision, as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center islandlmedian and construct the island to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. 10. 11. 12. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. Construct a knuckle at the intersection of Meadowpine Street and Dutton A venue, as proposed. Other than the access points that were specifically approved with this application, direct lot access to Pine Street is prohibited. This restriction will be required to be noted on the final plat. 13. Chesterfield Subdivision's preliminary plat will be approved contingent upon the right- of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being dedicated to the public and the roadways being constructed or a fmancial surety is in place for the construction of the roadways prior to the signature of the final plat for Chesterfield Subdivision. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outBide of the right-of-way. 2. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unIess specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 8. 9. 10. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway Dis1rict prior to Dis1rict approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 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 (1-800-342-1585) 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. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, .regulations, ordinances, plans, or other regulatory and legal res1rictions in force at the time the applicant or its successors in interest advises the Highway Dis1rict of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations ofNampa Meridian Irrigation Dis1rict as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The Dis1rict's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation Dis1rict must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. A. EXHIBIT F Annexation and Zoning Findings Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, ü not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designàtion, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential. " The Comprehensive Plan also indicates that the subject property should have a Multi Use pathway running along Ten Mile Creek in the northeast corner of the subject property. Subdivisions developed to the north of the subject property have been approved with the regional pathway located on the east side of Ten Mile Creek. Meridian's Parks Department is supportive of the regional pathway in this location being located on the east side of Ten Mile Creek. The applicant has indicated that they will construct a 5' asphalt multi-use pathway along the west side ofTen Mile Creek. This pathway is an off-site improvement which was offered by the developer. B. Is the area included in the zoning amendment intended to be rezoned in the future; The applicant has not indicated that they intend to rezone the subject property in the future, c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed ina fashion similar to the proposed rezone area; Staff finds that the land to the north of the subject property has been developed as residential subdivisions (Castlebrook Subdivision No.2, a residential subdivision with R-8 zoning, is located directly north of the subject property) similar to the proposed subdivision. Staff finds that the requested zoning designation of R-8 is E. F. harmonious with the recently approved subdivisions adjacent to the subject property and it would be appropriate to rezone the property as requested. The Comprehensive Plan designates property to the north as Medium Density Residential, property to the east as Mixed Use Community and properties to the south as High Density Residential and Industrial. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed use (single family residential) will be harmonious with the existing character of the area. See note D above. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and, fIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; - Staff finds that the property to be annexed can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Pine Street will be extended to the subject property as a part of the development of Castlebrook Subdivision. Please review agency comments regarding the subject property. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed subdivision will not result in excessive additional requirements at public cost for public services and facilities. InITastructure to service the proposed planned development is in close proximity to the subject property and the subject property will be accessible off of an existing road I. J. network. The extension of Pine Street to Black Cat Road will be required as a Condition of Approval for the proposed Chesterfield Subdivision. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will' be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes the fact that traffic and noise will increase upon build-out of the proposed subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. See page 12, Item H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the subdivision's vehicular approaches will cause some degree of interference on the surrounding public streets. Please review ACHD comments concerning vehicular approaches and traffic generation. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; The proposed subdivision will not result in the loss or damage of a natural or scenic feature of major importance. The site does not contain any natural or scenic features of great importance. The site does contain a number of mature trees. The applicant should contact Meridian's Parks Department regarding these existing trees. Any existing trees larger than 4" caliper that are removed shall be mitigated for per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds services are available to the site and that the proposed subdivision complies with Meridian's Comprehensive Plan and that the annexation of this property in the best interest of the City. EXHIBIT G Preliminary Plat Findings a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. The Cornprehensive Plan designates the property as Medium Density Residential and the applicant's request for R-8 zoning is consistent with the Medium Density Residential Comprehensive Plan designation. b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to accommodate the proposed development. See Annexation and Zoning Comments G and H. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds, the applicant will extend urban services to the subject property ITom existing main lines, and the extension of Pine Street will be constructed as a part of the Castlebrook No. 2 Subdivision. d. The public fmancial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services; the applicant will pay for the construction of extending services to the subject property. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that the proposed development will not present any health, safety or environmental problems that would need to be brought to the Councilor Commission's attention. EXHmIT H Conditional Use Permit Findings A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking landscaping and other features as may be required by this ordinance; Staffftnds that the subject property is large enough to accornmodate the proposed subdivision and all required subdivision features including amenities required by the Planned Development application if requested reductions are approved. Following are the proposed reductions: Setbacks- CitY Requirements (R-8) Front: 15' living area and side-entry garage Proposed Setbacks (single family) See CUP Conditions for modification Street side: CitY Requirements (R-8) 20' Proposed Setbacks See CUP Conditions for modification Lot Size- CitY Requirements (R-8) 6,500 sq.ft. (detached) Proposed Lot Sizes 3,100 sq.ft. (detached) Lot Frontage- CitY Requirements (R-8) 65'minimum Proposed Frontage 35' rninimum B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential." Staff ftnds that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street ITontages, reduced setbacks, and to exceed the maximum allowed block length of 1000'. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed residential subdivision use will be harmonious with the intended and existing character of the area. The proposed development is located immediately south of Castlebrook Subdivision No.2, another residential subdivision with D. E. R-8 zoning and the Comprehensive Plan designates property to the north and west as Medium Density Residential, to the east as Mixed Use Community, and property immediately to the south as High Density Residential and Industrial. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adeqnately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. See Annexation and Zoning Comments G and H. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use will not be detrimental to the economic welfare of the community; the applicant will be responsible for the costs of extending existing sewer and water mains to the subject property and Pine Street will be extended as a part of the Castlebrook development. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered - detrimental to the welfare of the City and the subdivision's neighbors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Based on the ACHD staff report, staff finds that the proposed vehicular approaches are sufficient such that the development will not create significant interference with any traffic on the surrounding public streets. ACHD has not indicated that there are any significant traffic issues facing the proposed project. Please review the ACHD report for this project for additional information regarding this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to work with the Parks Department on a mitigation plan for existing trees.