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HomeMy WebLinkAboutArcadia Subdivision AZ-04-021 PP-04-028 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Arcadia Subdivision Case No(s). AZ-04-021/ PP-04-028 For the City Council Hearing Date of: October 5, 2004 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe 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. b. The matter was duly considered by the City Council at the October 5, 2004, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. Testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 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-O4-021 / PP-04-028 - PAGE 1 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 are Patrick and Nancy Hoskins 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit J/K 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 II 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 ofthe 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 from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approvall is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 912/04 as shown in Exhibit B and the Conditions of Approval in Exhibit C. 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 9/2/04 is/are hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-021 / PP-O4-028 - PAGE 2 2. The following modifications to site specific conditions were made at the City Council hearing: a. Additions were made to Preliminary Plat Condition #7 regarding the sewer connection and adjacent property, the removal of the requirement for a development agreement, and the addition of a condition regarding fencing types. b. The Condition requiring a Development Agreement was removed from the Annexation and Zoning conditions and a condition was added stating that no sight obscuring fencing is to be places near micropaths or the open area. 3. The site specific and standard conditions of approval are as shown in Exhibits Col. D. Notice of Applicable Time Limits I. 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 ofthe 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 bein writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, 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 pennit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Annexation and Zoning Conditions Exhibit D: Preliminary Plat Conditions Exhibit E: ACHD Conditions CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-02I /PP-04-028 - PAGE 3 Exhibit F: Settler's Irrigation Conditions Exhibit G: SSC Conditions Exhibit H: City of Meridian Department Conditions Exhibit I: Exhibit J: Central District Health Conditions Annexation and Zoning Findings Exhibit K: Preliminary Plat Findings By action ofthe City Council at its regular meeting held on the OcþÓf/1. - ,2004. 11-f!. day of COUNCILMAN SHAUN WARDLE VOTED~ !1I¡;)'ßE1l- Ì;ø/J/l/GU..- COUNCILMAN BILL NARy. VOTED /1b~ COUNCILMAN KEITH BIRD VOTED ~ VOTED~ COUNCILMAN CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- Attest: and City Attorney. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-02I /PP-O4-028 . PAGE 4 By: ~J:tÁt.... City Clerk - Dated: \O-Lc.ø.o4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-021 /PP-04-028 - PAGE 5 EXHmIT A Legal Description r.""",...",..".""..,-.,.",."',',~","...,,',"',,' >;. .', ., ; '.:' ~j ,;¡;j¡ i,i" EXHIBIT "A" , A parcel ofland being the NE1I4 of the SW1I4 of the NE1I4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument marking the NE comer of saidNE1/4, thence along the North line of said NE1I4 N89°51 '18"W a distance of 1316.99 feet to a 5/8 inch rebar and from which a brass cap monument marking the NW comer of said NE1I4 bears N89°51 '18"W a distance of 1316.94 feet, thence leaving said North line SOoo34'24"W a distance of 1328.80 feet to a point marking the NE comer of said NE1I4 of the SW1I4 of the NE1I4 and being the POINT OF BEGINNING; Thence along the East line of said NE1I4 of the SWII4 of the NE1I4 SOoo34'24"W a distance of 664.48 feet to a point marking the SE comer of said NE 114 of the SWI/4 of the NEI/4; Thence leaving said East line and along the South line of said NEl/4 of the SWII4 of the NE1I4 N89°53'24"W a distance of 657.46 feet to a 5/8 inch rebar marking the SW corner of said NE1I4 of the SWl/4 of the NEI/4; Thence leaving said South line and along the West line of said NE1I4 of the SW1I4 of the NEI/4 NOoo32'38"E a distance of 664.59 feet to a 5/8 inch rebar marking the NW corner of said NEl/4 of the SWI/4 of the NE1I4; Thence leaving said West line along the North line of said NE1I4 ofthe SWI/4 of the NEI/4 S89°52'47"E a distance of657.81 feet to the POINT OF BEGINNING. Said parcel contains 10.03 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. BPy1~P~~tLJ JUN 2 8 2ûO~i MERIDIAN PUBLIC WORKS DEPT. CO46] 41- boundary JegaJ - 061404pmh ,doc EXHIBIT B Approved Preliminary Plat S-'-N~,^,d=,~~~a L-= -'-""-""" -"-""""""",,,,-.:a"""'" ,"H.'." '~~;:;;'~~~~:;:;;;';"';;' NOISIAIClE3ns 31J\fNNld ¡ i ¡! . ¡!, í ' ! , I' "I l!i!Jq ¡ I ¡ ¡i ¡ii, I ¡, ¡ , ; ¡ , .:; " I- ~. ¡ :',! ¡ ,,' i i ! d !' i ,i!, I .1 -- 0 ", . " '.' . , g., ',' , !!! m¡'I¡!il:¡¡¡¡i!!!ll!p_:i!!!! !;!¡iin¡ I: c 1¡'iP""!'!"!!""""""""" " "¡¡i",",. "' ~I ¡ n"i!!I!I'iH,¡H!!I!!!I!!i!¡¡!! I 11!!!!ln !i § ! I"' II; IIIIIII!I 'I li,I,: ',~ 1,1\1;1"'.~~'BEJÖ.~~I'i",-",~",j I 'I I I p: , , < < I IVI , ~~ Ii:, 11!¡\lIít ¡ II '" z.i ~!~;: :~: .."' e. , c ~¡;; ~I¡' . ¡ ~ g ~~~ ~ éí .:~ . OJ 0: .. g:.." ,~ I!~ ~ h II! ;¡ ,¡¡ !¡!LL ~ ,II Ii ¡!ii!! h;ih In, , ' ¡ ", , .:',:: i ~~ Ii! ,!! .¡ Iii '~I i;¡ g!!< 1,111 îi, ;., 0' ~¡¡I él¡:¡; ,1¡¡"Hel v , ,----' , ,I, I ----, " " " " , , ¡ I ;,~ 1.: ¡ ;.:.! '. . . ! j ~¡I¡j!\;~ , . . , , , , !!¡ n¡ " . " . ¡il 1¡!1 i ! 1 ¡¡: ~ .. ~ .. c ~ ~ t vi 00, ;; .. c ;!- ~~ ~ , H ~~ >- ¡:¡,~ ~] ExumIT C Modified Conditions of Approval for Annexation and Zoning A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING CONDITIONS OF APPROVAL 1. The legal description submitted with the application shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel 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 owners), 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. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 5. No sight obscuring fences are to be placed near the micropath or the open area, EXHIBIT D Preliminary Plat Conditions of Approval Site Specific Conditions (Preliminarv Plat) 1. Fencing adjacent to the micropath on Block 4, Lot 6 shall comply with MCC 12-13-15-9. 2. Limit specifically the fencing type discussed in the public hearing to the micropath and open space. 3. All areas being counted toward the 5% open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 4. Please submit all up-to-date groundwater monitoring data to the Public Works Department for review. The initial study indicates that shallow groundwater may be a factor. All 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. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies detennining 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. 5. Sanitary sewer service to this site shall be via a temporary "private" lift station that is proposed at the end of the west stub street. The ~ homeowner's association shall be responsible for the operation and maintenance of the lift station. The applicant will be responsible to construct gravity sewer mains to and through this proposed development, (to the ends of the stub streets). 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 mains that are required to provide service. This development is subject to sanitary sewer latecomer fees. These fees shall be paid prior to final plat signature. 6. Water service to this development is currently proposed via a single connection to an existing 12-inch diameter main in Jericho Road. Water modeling indicates that flows will be marginal without a loop. A pressure reducing station will be required between the Jericho main and this development. This development will require a second water main connection to provide for better flows and redundancy within the system, this can be accomplished through Leeshire Subdivision or Saguaro Canyon Subdivision. The applicant will be responsible to construct water mains to and through this proposed development, 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 mains that are required to provide service. 7. The applicant has indicated that the pressurized irrigation system within this development will be owned and operated by the Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5- 2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to 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 City Engineer. 8. Applicant shall submit 10 copies of revised plat and landscape plans prior to the next public hearing on this application. 9. A sewer easement is required in the northeast comer of the subdivision or other adjacent property, Standard Conditions of Approval (Preliminary Plat) 1. All grading of the site shall be performed in conformance with MCC II-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Please submit with the final plat application 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, 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the final plat application. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. One-hundred-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 pennit from the Public Works Department prior commencing installations. 8. 9. 10. 11. Any tree over 4" in caliper that is removed from 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 mitigated. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation, 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. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. EXHIBIT E ACHD Conditions of Approval Site Specific Conditions of Approval 1. Extend Jericho Road from the north property line. 2, Extend Jericho Road to the south abutting the east property line for a minimum of 60-feet. 3, Extend Twilight Hush Avenue fOnD the south property line approximately 139-feet east of the west property line, as proposed. 4, Extend West Pascana Street from the west property line approximately 100-feet south of the north property line, as proposed, 5. Construct the internal roadways 36-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. OR Construct the internal roadways as 33-foot street sections with rolled curb, gutter and sidewalk with parking on both sides of the roadway. Submit a letter from the appropriate fire department showing the review and approval of this alternative street section to acquire parking on both sides of the roadway. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving slreet frontages 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 me 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 pennit (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. 9, Payment of applicable road impact fees are required prior to building construction in accordmlce with Ordinance #198, also known as Ada County Highway Disbict 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 DlGLlNE (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 tenns 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 Disbict. The burden shall be upon the applicant to obtain written confmnation of any change from the Ada County Highway Disbict. II. 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 waiver/variance of said requirements or other legal relief is granted purswmt to the law in effect at the time the change in use is sought. EXHIBIT F Settlers' Irrigation District Conditions of Approval 1. All irrigation / drainage facilities along with their easements must be protected and continue to function, The facility involved is the North Slough 2 Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3, A license agreement must be signed and recorded prior to consIruction of any S.LD. facilities, 4, Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settler's Irrigation District. 5. All stonn drainage must be retained on-site, 6, The development must supply irrigation access to all lots within the above-mentioned subdivision. It has been indicated that the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigalion system. An agreement needs to be in place prior to the pre-consIruction meeting, EXHIBIT G SSC Conditions of Approval SANITARY SERVICES 1. SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. EXHIBIT H City of Meridian Department Comments FIRE DEPARTMENT I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. lntemational Fire Code Appendix D 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are combustible construction begins. required before 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. All portions of the buildings located on this project must be within 150' of a paved surface capable of supporting fire fighting vehicles and equipment. 8. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. POLICE DEPARTMENT 1. The Police Department has no concerns related to the site design submitted with the application. PARKS DEPARTMENT I. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. (The applicant has applied for Alternative Compliance, See Site Specific Comment #3) EXHIBIT I Central District Health Conditions of Approval I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. 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. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. E. EXHIBIT J Annexation and Zoning Findings A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three (3) dulacre in the Comprehensive Plan and Arcadia's gross density is 3.3 dulacre. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. There are several large, undeveloped county parcels to the north and east of this land and additional rezone requests are anticipated on these parcels 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 zoning district ofR-8. The accompanying plat demonstrates the land would be developed in lot sizes, housing types and other dimensional requirements that conform to the new zoning. 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 in a fashion similar to the proposed rezone area; Staff finds that the land directly to the west of the subject property has been annexed and approved for development similar to the proposed subdivision (Saguaro Canyon Subdivision). Leeshire Subdivision, also zoned R-8 and located to the south of the subject property, will be heard by City Council on September 7, 2004. The majority of the subject section (T4N, RIE, 30) is designated for residential development similar to the proposed project. 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 single family residential use will impact the existing character of the subject property and adjacent farmland (to east). The intended character of the vicinity is medium density residential to the south, east and west and more urban, higher density/impact development to the northwest (neighborhood center). The proposed use conforms with the Future Land Use Map. The design and density conforms to the Comprehensive Plan policies. F. 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 as long as construction traffic and house construction is conducted in a manner consistent with City Code. 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; Stafffmds that the property to be annexed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. This proposed development is currently not serviceable, via gravity, to the City of Meridian's sanitary sewer system. The applicant proposes to install a temporary "private" lift station to pump to a pressure main installed for the Westborough Subdivision off Jericho Road. Water service to this development is currently proposed via a single connection to an existing 12-inch diameter main in Jericho Road. Water modeling indicates that flows will be marginal without a second looped connection. A pressure reducing station will be required between the Jericho main and this development. This development will require a second water main connection to provide for better flows and redundancy within the system, this can be accomplished through Leeshire Subdivision or Saguaro Canyon Subdivision. The applicant shall be required to extend sanitary sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. J. K. L. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. 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 there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use pennit and preliminary plat applications. I. 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 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 if all City and ACHD conditions of approval are met. Staff finds that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. 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; The proposed subdivision takes access off of Jericho Road, an existing road taking access off of Chinden Boulevard. ITD has submitted a letter dated August 2, 2004, stating that they approve of this access off of Jericho Road for the proposed subdivision. The two proposed stub streets will help to improve connectivity between the proposed subdivision and Saguaro Canyon Subdivision to the west and the proposed Leeshire Subdivision to the south. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan (medium density residential). The land to the west of the subject property has already been annexed and this is a logical expansion of existing zoning and land uses. EXHIBIT K Preliminary Plat Findings a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 3.3 dulacre (gross), is in compliance with the land use classification, medium density residential, noted on the map. b. The availability of public services to accommodate the proposed development; Staff finds that public services are or can be made available to accommodate the proposed development. (See the findings under "Annexation and Zoning" for more detail. ) 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. d. The public fmandal capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e, police, fire, ACHD, etc) to detennine this finding. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that the proposed angled common drive providing access to lots 5 and 6 of block 3 is an unsafe configuration for the common drive. The proposed configuration of the common drive restricts the accessibility of the proposed lots 5 and 6 ofblock. Meridian's Fire Chief is recommended that the common drive be reconfigured to eliminate the proposed angle in the common drive.