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HomeMy WebLinkAboutPackard Acres Subdivision No. 3 AZ-04-005 PP-04-006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Annexation and Zoning of 5.27 Acres from RUT to R-4 Zones and a Request for Preliminary Plat Approval of Twenty (20) Building Lots and One (1) Other Lot on 5.27 Acres in a Proposed R-4 Zone for Packard Acres No.3 Subdivision, by Packard Estates Development, LLC Case No(s).: AZ-04-005, PP-04-006 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 matter was duly considered by the City Council at the October 12, 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. c. 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. On May 18, 2004, the City Council remanded both applications to the P&Z Commission. On September 16, 2004, the Commission made a second set of recommendations to the City Council. b. On October 12, 2004, 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 d. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-005, PP-Q4-006 -PAGE 1 of4 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 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) ofrecord at the time of issuance ofthese findings is Packard Estates Development, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit G and H for the findings required for each type of application. 8. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its 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 from the governmental subdivisions providing services in the City of Meridian plarining 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 07-22-04 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 applications. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-005, PP-04-006 - PAGE 2 of 4 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 is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. 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 public facilities. (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 ofthe 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: Exhibit B: Legal Description Approved Preliminary Plat Exhibit C: Annexation and Zoning Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval Exhibit E: Exhibit F: ACHD Conditions of Approval Central District Health Department Conditions of Approval Exhibit G: Annexation and Zoning Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-005, PP-O4-006 - PAGE 3 of4 Exhibit H: Preliminary Plat Findings the City Council at its regular meeting held on the I- , 2004. /' .fA. 2ò - day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED /IIJ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED- Attest: and City Attorney. By: ~o. J\J\J'NU Ity Clerk Dated: '\-;;)-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-005, PP-O4-006 - PAGE 4 of 4 EXHffiIT A Legal Description 7Iif,:: 2501 Bogu. BàSin Ad: ; &1... Idaho 83702 . ~(208)~36 FOJe (208) 335-0696 , DESCRIPTION OF PACKARD ACRES SUBDIVISION No.3 Project No.: 2427 Date: February 13, 2004 Revised: June.15, 2004 A parcel of land beÏD8 a resubdivision of Lot ! 0 of Block 5 of Packard Acre. Subdivision No.2 as 00 file in Book 85 ofPbts at Pages 9502 and 9503 in tbe Office of the Recorder fur Ada County, Idaho and a portion of the SE 1/4 ofIbe NW 1/4 of Section 5, T.3N., RIE., B.M, Meridian, Ada County, Idaho, said parcel being more particularly described as fOllows: COMMENCING at an iron pin marking the North 1/4 comer of said Section 5, tbenoe along the Nortb-Soutb ceater of section line of said Section S South 00027'32" West 1923.39 fuet to a brass cap marking the Northeast comer ofsaid Lot 10, said point aIao being the POINT OF BEGINNING: thence continuing South 00"27'32" West 353.47 fuet to an iron pin marking the Sou~ corner of the North 1/2 of die South II2.ofthe SE 1/4 ofIbe NW 1/4 of said Section 5; tbenee along tbe South '. .' North II2 oftbe South 1/2 ofdle SE 1/4 ofIbe NW 1/4 North: West 670.82 fuet to an pilL"'!' the East line of Cbsteau Ibe Office of fOr Ada County, Idsbo; line of said Packard , '68" EasO.44 feet) to !be ! ~.27 Aerea, more or leu. EXHIBIT B See Attached Preliminary Plat PRElI~~ARY PLIT Of PACKARD ACRf:S SIJBQIVISION ~. 3 '-~1I1~,W\~"""'OO~~,2 ..,PlllnUlIIRlVI.&cmNI. UN,"""", ",,",-WQIIIIY.... 2004 R .._,.. III! . -.."" 1111l1li1 "',' "'. ---~ ~""--- _cm.- IIIIIUIII!Icmll- _'g /K 1It""""", -.... :::~== ':;"/¡7r. rll ,. ...... II -- ...,.. ... ,-- f .-......' LOOI.mMs'"Ot "","'" """",."", "'"_, lB"""""'.' ~"" ~ IIII/.IIIIJI/IU ..... """I'I..D. "'...,., , N ,'0' J/¡ ï ----.. -.... --.... ----- ..... -..... .... -... = I'r"-=-- -- ...... .. "'... ...... ..-..... ............ .... ..... ..- ---.. .. -"".. -..- -<-+ --........ ---.. -- ---.. ,.. .. ...ä..- . ,~" ,""'" ';, " ~I!'= ' -=::: , ~.¡. ~ 11'j . ~,"t ,I" ..~..' , ./' 'It::! I , JW --.--... i~.. !.G'- ;', . ,.<1"\ 4- ........., --- ~ 1II1i î ~i¡11 01' II ì~!1 I ; I, 'Ii I ~¡ :j ~ !I! j . m i¡ ji' i,,' =:'1.. 'DIll 1 OF I EXHIBIT C Annexation and Zoning Packard Acres No.3 Subdivision (File AZ-04-005) The City Council of the City of Meridian hereby approves the requested 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 6-15-04, stamped by David N. Marks) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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. Iflateral 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. Prior to annexation. a Development Agreement shall be entered into between Packard Estates Development. LLC and the CitY of Meridian. Said agreement shall include a condition that the developer deposit the sum of $8.000 into a fund for use by the Wingate Lane User's Association for the construction of a gate across Wingate Lane. If substantial completion of the gate is not completed within one year from the execution of the deposit. the entire fund balance of $8.000 shall revert back to the developer. EXHIBIT D Preliminary Plat Packard Acres Subdivision No.3 (File PP-04-006) Site Specific Conditions of Approval 1. Applicant has provided a chainIink fence along the southern border and a wood fence along the western border as perimeter fencing and these fences may remain. 2. The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior to the issuance of any building pennits within the subdivision. 3. If the subject application is approved, the following conditions shall be placed on the final plat: a. Direct lot access to Wingate Lane is specifically prohibited and this prohibition shall be referenced in the subdivision's Covenants, Conditions & Restrictions. b. Prior to annexation. a Development Agreement shall be entered into between Packard Estates Development. LLC and the Citv of Meridian. Said agreement shall include a condition that the developer deposit the sum of $8.000 into a fund for use by the Wingate Lane User's Association for the construction of a gate across Wingate Lane. If substantial completion of the gate is not completed within one year from the execution of the deposit. the entire fund balance of $8.000 shall revert back to the developer. c. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also, provide a recorded copy of deed restrictions to prohibit access to Wingate Lane and forbid gates from adjoining lots or removal of permanent fencing on these lots prior.to applying for building permits. 4. A permanent fence matching the existing Packard Acres No.2 materials shall be constructed by the developer on the western boundary of the Wingate Lane private road easement. 5. Lot 16, Block 1 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. 6. Please submit any up-to-date groundwater monitoring data to the Public Works Department for review. 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 1O0-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 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. 7. Sanitary sewer service to this site shall be via main line extensions ITom an existing main installed adjacent to the property. 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 forms of easements, for any mains that are required to provide service. 8. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. 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. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground vear-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. 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 shall be submitted prior to plan approval. 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. Standard Conditions of Approval (Preliminary Plat) 1. All grading of the site shall be performed in conformance 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. 9. 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 City Engineer 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 permit from the Public Works Department prior commencing installations. 8. 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. 10. 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. 11. 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. Meridian Fire Department Conditions of Approval 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 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 of 28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. B. 2. 3. 4. 5. EXHIBIT E Ada County Highway District Conditions of Approval Packard Acres Subdivision No.3 (File PP-04-006) A. Site Specific Conditions of Approval 1. Construct the intemallocal roadways (E. Meadowgrass Street and N. Devlin Avenue) as 36-foot street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 2. Extend E. Meadowsgrass Street into the site across the private road easement for Wingate Lane at the east property line. 3. Extend N. Devlin Avenue at the north property line into the site. 4. Construct N. Devlin Avenue as a stub street to the 5-acre parcel adjacent to the south of the site. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 5. Pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis Street its full width and at least 30-feet beyond the edge of the concrete sidewalks. 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. All utility relocation costs associated with improving street frontages 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. 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 9. 11. 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. 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 from the Ada County Highway District. 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 pursuant to the law in effect at the time the change in use is sought. EXHIBIT F Central District Health District Conditions of Approval Packard Acres Subdivision No.3 (File PP-04-006) 1. 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. EXHIBIT G The City Council hereby approves the following analysis of required findings by staff: ANNEXATION & ZONING ANALYSIS 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. " Thefollowing 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, ü not, has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation, R-4, 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) du/acre in the Comprehensive Plan and Packard Acres No. 3's gross density is 3.49 du/acre. In addition, Chapter VII of the Plan encourages infill development and the connectivity of subdivisions, which this subdivision accomplishes. 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. Besides the 5-acre, undeveloped parcel to the south (owned by the Sharps), there are several large, undeveloped county parcels to the north of the site on the south side of Us tick Road. Rezone applications 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 of R-4. The accompanying preliminary plat demonstrates the land will 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 F. G. 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 north, west and east of the subject property is annexed and constructed similar to the proposed subdivision (Packard Acres and Chateau Meadows East subdivisions). The majority ofthe subject section (T3N, RIB, 5) is designated for residential development similar to the proposed project. Staff finds there is adequate public street infrastructure, emergency access and other municipal services to serve this infill site. The proposed number of new units (20) is not anticipated to create a demand that the existing infrastructure cannot handle. 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; Staff finds that the proposed single family residential use will have some change impact on the existing character of the adjacent county parcel to the south. The intended character of the subject parcel and the immediate vicinity is low to medium density residential uses. The proposed use conforms with the Future Land Use Map. The design and density conforms to the Comprehensive Plan policies. To avoid street maintenance problems due to gravel being tracked onto the roadway, ACHD is requiring the applicant to pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis Street its full width and at least 30-feet beyond the edge of the concrete sidewalks. WiD 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 Meridian City Code. 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 will or can be served adequately by essential public facilities and services if all conditions of approval are met by the J. K. applicant. AIl public streets that can be extended into the property are proposed to be extended and utilized. The applicant will be required to extend water and sewer lines to and through the proposed development, thereby making them available to the undeveloped property to the south. 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. 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 permit 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. ACHD projects the development will generate 200 additional vehicle trips per day. 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; Staff finds that the applicant's companion preliminary plat demonstrates the vehicular approaches and public streets will be designed in a logical and safe manner. In addition, the ACHD Commission approved the preliminary plat application and the proposed vehicular approaches/access points. The Commission and Council should review ACHD comments concerning vehicular approaches and traffic generation. 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. L. 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) and infill policies/goals. The land east, west and north of the subject property has already been annexed and this is a logical expansion of existing zoning and land uses. EXHffiIT H The City Council hereby approves the following analysis of required findings by staff: PRELIMINARY PLAT FINDINGS AND REOUIREMENTS 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 the following: 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, 3.79 du/acre (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 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 [mancial 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 determine this finding. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there are no other health, safety or environmental problems associated with the proposed development.