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HomeMy WebLinkAboutRedfeather Village Subdivision AZ-04-022 PP-04-029 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 4.91 Acres from RUT to R-8 AND Preliminary Plat Approval for Twenty Building Lots in a Proposed R-8 Zone for Redfeather Estates Subdivision, by Packard Estates Development, LLC. Case Nos. AZ-04-022, PP-04-029 For the City Council Hearing Date of: October 12, 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 first 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 matters were duly considered by the City Council at the October 5, and October 12,2004, public hearing(s). The applicant, affected property owners, and govemment subdivisions providing services within the plauningjurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral 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). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. 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 NOS. AZ-O4-022 & PP-O4-029 - PAGE 1 of4 a. In addition to the application and property facts noted in the staff report and the Plauning & 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 Packard Estates Development, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Preliminary Plat application. B; Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plauning 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 -¡¡-om the govermnental 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, the Preliminary Plat dated June 21,2004 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. 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: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-022 & PP-04-029 - PAGE 2 of4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 21, 2004 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 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 publicfacilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 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 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 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 Approved Preliminary Plat (with conditions) Exhibit B: Exhibit C: Annexation & Zoning Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Exhibit F: Annexation and Zoning Findings Preliminary Plat Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-022 &PP-O4-029 - PAGE 3 of4 By action of the City Council at its regular meeting held on the fle,.4b.e¡- ,2004. 2,6 -16 day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED 1J6J~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED ---$....~ COUNCIL MEMBER KEITH BIRD VOTED$~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED and City Attorney. By: j(V. CL ' 1111. , t fVLJ City Clerk Dated: 1\- 2.-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-O4-029 - PAGE 4 of 4 EXHIBIT A Legal Description -' I IDAHO SURVEY GROUP 14SO w,w.u......, "- ,.,,'SO "",....Id.ho"'" ..... ¡:¡œ¡ _OSlO I'a.¡ZOOI08Mm Project No, 04-108 June 23,2004 DESCRIPTION FOR ANNEXATION PROPOSED REDFEATHER VILLAGE SUBDIVISION A parcel of land being Lot 8 of Gemglanna Mil<'s First Subdivision as on file in Book 4 of Plats aI Page 178. reoords of Ada ""'n!y. Idaho located in the SW114 of the NE 1/4 of Saction 4, T.3N.. R.1E.. B,M,. Ada County, idaho more particularly described as follows: COMMENCING aI a Inss cap monument marking the East 114 comer of said Section 4 from which a brass cap monument marking the HE comer of said Section 4 bears North 00'29'31' Weal, 2611.88 feet; !hence along the EasI-Wesi centerline of said Section 4 North 89~48'42" West, 1327.58 feet 10 the CEI/16 oomerof said Section 4; !hence ooJltinuing along oeid Eesl-West centerline North 89'47'00" West, 998.n t\¡et to the se oomer of said Lot 8, said point also being the REAL POINT OF BEGINNING; thence continuing along said Em-West centerline North 89'47'00- West. 328,76 feel to the SW comer of aaid Lot 8: thence leaving said Ea""West centerline and along the West boundary line of said Lot 8 North 00"37'48" East, 642.57 feel to the NW comer of said Lot B; thence along the North boundary lina of said Lot 8 South 89'48'18" East. 328.56 feel to the HE comar of said Lot 8: thence along the East bound¡uyllna of said LoI8 South 00'36'46' West, 642.89 feel to the REAL POINT OF BEGINNING, containing 4.85 acres, more or less. ..._HPUsue WORK. om. ~L JUN 29 2004 """'--....-""""""" a'd 6seS-"aa [aOa' "NO,. OOf dOO'10 .0 ea unr EXHIBIT B Approved Preliminary Plat (File PP-04-029) -J , 1'111 I I!IIIII. I!~ (("*1°11 Ijlp 1\ U ;I. I ! I ,!III i II I 11111111 ¡¡¡II i ¡ ¡ ': 'I' liulll! lilll!!1 IIi 1," j Ii ,""'- '.- ---~".~.- I ~ ~ 1M'm--=-',I¡I"- ¡ j mm I~I" IIi EXHIBIT C Annexation and Zoning Conditions of Approval Packard Estates Development, LLC (File AZ-04-022) The City Council of the City of Meridian hereby approves the Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application (dated 6-23-04, stamped by Gregory G. Carter) shows that the property will be contiguous to the corporate boundary of the City of Meridian once Redfeather Estates Subdivision No.2 is aunexed. Until the zoning ordinance is recorded for Redfeather Estates Subdivision No.2, this parcel is not eligible for aunexation. 2. Any existing domestic wells and/or septic systems within this project will have to be removed -¡¡-om their domestic service, per City Ordinance Section 5-7-517, when services are available -¡¡-om 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. As agreed between the applicant and the subdivision to the south, Cloverdale Meadows Subdivision, the southern ditch may remain untiled. The applicant shall construct a fence on their side ofthe ditch as proposed. . 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT D Preliminary Plat Conditions of Approval Redfeather Village Subdivision (File PP-04-029) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) I. All conditions of the Annexation and Zoning (AZ-04-022) application shall also be considered conditions of the Preliminary Plat (PP-04-029). 2. At least 10 days prior to the City Council meeting, provide Plauning & Zoning staff with a sketch of how Lots 9 and 10, Block I, may be built upon. Utilize a common driveway for Lots 9 and 10, Block 1. In accordance with MCC 11-9-1, the public street ffontage for Lots 9 and 10, Block I, may be reduced to 15-feet. Unless the Meridian Fire Department requires a 20-foot width, said common drive should be constructed a minimum of 16-feet wide, with crushed gravel and asphaltic concrete paving in accordance with Meridian City Code. Any portion of the flag for Lot 10 that is beyond the driveway surface shall be landscaped. A note shall be placed on the face of the final plat stating the purpose of the common driveway easement and who is to be responsible for maintenance thereof. All Common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Coordinate the design, construction, and any signage requirements adjacent to the common driveway on Lots 9 and 10, Block I with the Meridian Fire Department. 3. Prior to signature of the final plat by the City Engineer, all existing structures on Lots I - 5, Block I shall be removed. 4. Prior to signature of the final plat by the City Engineer, an ACHD approved public street access shall be provided to this site. 5. After preliminary plat approval is granted by the City Council, the applicant shall have two years (rather than one) to submit a final plat application to the City. 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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. 7. 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 MCC 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 not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. As agreed between the applicant and the subdivision to the south, Cloverdale Meadows Subdivision, the southern ditch may remain untiled. The applicant shall construct a fence on their side of the ditch as proposed. 8. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided along the south property line, temporary construction fencing to contain debris must be installed prior to issuance of building pennits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 9. Any tree over 4" in caliper that is removed -¡¡-om the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 10. Sanitary sewer service to this site shall be via main line extensions -¡¡-om a main being installed as part of the Redfeather Estates Subdivision. The applicant will be responsible to construct sewer 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 fonns of easements, for any mains that are required to provide service. II. Domestic water service to this site shall be via main line extensions -¡¡-om mains being installed as part of the Redfeather Estates 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 fonns of easements, for any mains that are required to provide service. 12. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1O0-year stonn events, and for a period of time not to exceed 24 hours. 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 nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 13. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. All minimum lot sizes, structure setbacks, street fi-ontage, and house size requirements shall be maintained. B. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be perfonned in confonnance with MCC ll-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. 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 confonn. 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. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. 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. Typicallocations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit -¡¡-om the Public Works Department prior commencing installations. 7. The applicant shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed -¡¡-om 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. 9. 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. 10. 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. II. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 13. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate a total of25-feet of right-of-way from the centerline of Granger Drive (an additional5-feet) abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The owner will not be compensated for this additional right-of-way because Granger Drive is classified as a local roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Granger Drive -¡¡-om approximately 1,300-feet west of Clover dale Road to this site's east property line with a minimum of 24-feet of pavement. 3. Construct Granger Drive abutting the property as one-half of a 36-foot street section with a minimum of 24-feet of pavement with vertical curb, gutter and 5- foot concrete sidewalk on the south side of the street and a 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff on the north side of the street. 4. Construct North Betula Avenue to intersect Granger Drive approximately 140- feet west of the east property line, as proposed. 5. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend East Tahiti Drive -¡¡-om the west property line approximately lOS-feet north of the south property line, as proposed. 7. Construct a knuckle without an island in the southeast corner of East Tahiti Drive and North Betula Avenue, as proposed. Submit a design of the proposed knuckle to ACHD's Development stafffor final review and approval. 8. Other than the access point that has been specifically approved with this application, direct lot access to Granger Drive is prohibited. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street -¡¡-ontages 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 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 impact 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 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 fi-om the Ada County Highway District. II. Any change by the applicant in the plauned 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 plauned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations 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. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. 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'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roads 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 a 33' street width shall have parking only on one side. No Parking signs and red-painted curbs will be required. 9. Insure that all yet undeveloped parcels are maintained -¡¡-ee of combustible vegetation. 10. The proposed 20-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 58 residents at build out. 11. 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. No parking signs shall be installed on anv common drivewav that doubles as a fire lane. Coordinate the location of the required signage with the Meridian Fire Department. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval -¡¡-om 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. F. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: I. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the Recommendations of the Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 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 construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the subdivision. EXHIBIT E Annexation & Zoning Findings (File AZ-04-022) The City Council hereby approves the following analysis of required findings by staff: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " D. The following is the list of standards found in 11-15-11 and analysis by staff: 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 zonine: desi!!I1atiofL R-8. is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map. which desi!!I1ates the land to be Medium Density Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Redfeather Village Subdivision is 4.07 dwelling units per acre. 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. 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 resideutial area turning into a commercial area by means of conditioual use permits; Staff finds that the proposed single-family residential subdivision would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that confonn to the proposed zoning designation. 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 fmds that the land directly north, west and east of the subject property has recently been approved for development similar to the proposed subdivision (Redfeather Estates Subdivision No.2). Dawson Meadows Subdivision and Redfeather Estates Subdivision No. I were also recently approved residential developments in the area (Boise City). Dawson Meadows Subdivision is located on the northwest corner of Cloverdale Road and Granger Drive and Redfeather Estates Subdivision No. I is located on the southwest corner of Cloverdale Road and Granger Drive. Except for two small parcels along Ustick Road, this is the last parcel designated 'Medium Density Residential' on the Future Land Use Map that has not been approved for development in Section 4, Township 3 North, Range I East. The arterial streets near this site, Fairview Avenue, Ustick Road (between Cloverdale Road and Eagle Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for roadway improvements. Cloverdale Road, between Fairview Avenue and Ustick Road, is currently in the Five Year Work Program for roadway widening (5-lanes, curb, gutter, and sidewalk) but is unfunded. E. 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; The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. Staff finds that the proposed R-8 zoning and subsequent single-family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. Staff also finds that the proposed zoning/uses can be designed and constructed in a mauner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of the subject development on the existing character of the area, staff finds that the impact is consistent with the intended character of the area; a mix of low and medium density residential. 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 zoning and subsequent 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 the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a mauner consistent with City Code. G. H. 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; Sanitary sewer and water to serve this development is currently under development with Redfeather Estates Subdivision No. 2. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. 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. On August 24, 2004, ACHD staff approved this development with site-specific and standard conditions. Because vehicular access to this site is currently provided -¡¡-om a substandard street (Granger), the applicant may have to install off-site improvements if Granger Drive is not improved when the subject site is ready to develop. Please review the ACHD report and Preliminary Plat Special Consideration #3 below for additional information regarding this finding. On August 13,2004, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received -¡¡-om agencies/departments, staff finds that the Dublic services listed above can be made available to accommodate the DroDosed develoDment. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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; If approved, the developer will be financing the extension of sewer, water, local street in-¡¡-astructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be rITe, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. 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; L. Staff finds that the proposed aunexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. ACHD projects this development will generate 190 additional vehicle trips per day. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed aunexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. 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 applicant is proposing to construct a new public street to intersect with Granger Drive (Betula Avenue). ACHD has approved the intersection of Betula Avenue and Granger Drive. Further, the applicant is proposing to extend a stub street (Tahiti Drive) -¡¡-om Redfeather Estates Subdivision No.2 to provide another access to the site. If the two proposed vehicular approaches (public streets) are constructed as approved by ACHD, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. 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 aunexation 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 east, west and north of the subject property has already been approved for aunexation and development and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that the aunexation/rezone of this propertv would be in the best interest of the Citv. EXHIBIT F Preliminary Plat Findings (File PP-04-029) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision. the Commission/Council shall consider the objectives of this title and at least thefollowing: 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, 4.07 dwelling units per acre (gross), 4.9 dwelling units per acre (net) 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 available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detaiL) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public fmancial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments -¡¡-om the public service providers (i.e. police, fire, ACHD, etc) to detennine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware.