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HomeMy WebLinkAboutSilverleaf Subdivision AZ-04-024 PP-04-031 CUP-04-033 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 47.66 Acres from RUT to R-4, AND Preliminary Plat Approval for One-Hundred-Forty- Three Single-Family Building Lots, Eighteen Other/Common Lots, and One School Lot for Silverleaf Subdivision, AND Conditional Use Permit Approval for a Planned Development Consisting of Single-Family Homes with Reduced Lot Frontages and Reduced Lot Sizes, by Centennial Development, LLC. Case Nos. AZ-04-024, PP-04-031, CUP-04-033 For the City Council Hearing Date of: October 19,2004 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') 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 19, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-04-03!, AND CUP-O4-033 - PAGE 1 of 5 3. Application and Property Facts a. 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 Donald and Jean Hobbs, and Jerry and Sandy Stevenson. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit G for the findings required for the Annexation and Zoning application. b. See Exhibit H for the findings required for the Preliminary Plat application. See Exhibit I for the findings required for the Conditional Use Permit application. c. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom 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 approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated June 23, 2004 as shown in Exhibit B, the Site Plan dated July 12,2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D, E, and F. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-O4-O33 - PAGE 2 of5 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 June 23, 2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 12, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a) Add an additional traffic calming device on the road ITOm Ten Mile (Satinwood), b) Comply with the Noise Evaluation Process standards set forth in ITD's Planning & Zoning Recommendations Noise EvaluationlMitigation, for Chinden Boulevard (see handout); and, 4. The site specific and standard conditions of approval are as shown in Exhibits D, E, and F. 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). 2. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-O4-03!, AND CUP-O4-033 - PAGE 3 of5 deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC 11-17-4.B.). 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: Exhibit C: Legal Description Approved Preliminary Plat (with conditions) Exhibit E: Exhibit D: Annexation & Zoning Conditions of Approval Approved Site Plan (with conditions) Exhibit F: Exhibit G: Exhibit H: Exhibit I: Preliminary Plat Conditions of Approval (all agencies) Conditional Use Permit Conditions of Approval (all agencies) Annexation and Zoning Findings Preliminary Plat Findings Conditional Use Permit Findings $~ ~tion of the City Council at its regular meeting held on the . !/'£hv~ 2004. day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-O4-031, AND CUP-O4-033 -PAGE 4 of5 COUNCIL MEMBER SHAUN WARDLE VOTED d.6~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ ~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD/.' " {lA- (TIE BREAKER) - ¿¡- ,- VOTED- Attest: and City Attorney. BY:~~J, Q a IV\ 1 Y Clerk's Office - - Dated: \, -1.4-0';' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-04-031, AND CUP-O4-033 - PAGE 5 of5 EXHIBIT A Legal Description -- --- ,,- ---H,. Jul 13 0. 03, .ap Joe Hicks [2081 8a'-5399 p.2 i IDAHO SURVEY GROUP 1<50 E." W.,,~.... Sc Suo. 150 "'.;.°'.""'0 "...., 'hone (2"') ""-8570 Fax (2"') 084-"" . --'----.-----.------..- Project No 04-019 Silverleaf Subdivision July 13. 2004 BoUlidary Deacriptiou A parcel of land being -portion oflhe NWI/4 Section 26, T.4N., R.IW., B.M., Ada CoUDly, Idaho, more particuJarly d=rib<d as fDUOW", Commencing althe Northwest comerof,aid SectiDn26,!Tom which Ib, West 1/4 ,om,,- of said Seelion b= South 00"21' [0" West, 2633.61 feet; Ibcnoealong Ihe W"tboundoryof ,aid Section 26 Sooth 00"21' 1 0" Wes~ IJ46.16 feet 10 the REAL POINT OF BEGINNING. Thence leaving said West bow1dary lin, South 89"09'47" Eas~ 28751 feet; Thence Sonth 00"21'10" Wes~ 31.08 feet; ThonceSouth 89'09'47"E89I, 1023.02 feet.. -point on lite West boundary oflhe Easl 1/2 ofIheNWI/40f"¡d Section 26; Thence along ,aid West bonndaryNorth 00"29'18" BasI, 486.39 fe" to - poinl at the center Dfan iroga'iondilch: Thence leaving said Weatboundaly and along the center of said irrigation diICh the following three CON""': Thence South 57'46"13" East, 84.56 feet: Thence South 68'00'27" East, 129.75 feet; Thence South 71"25'27" East, 97.72 feet; Thonce South 86'45'44" Eas~ 107.65 feel; ThcIu:, leaving said irogation ditch North IJO"OI 'SO" Wast, 1016.67 feel", a point on rhe North bonndary of said Section 26: Thence woug aaid North bonndary South 89"10"58" Bast, 929.42 feet to a point on rhe North-South DÙd-sectiDn tine of said Section 26: Thencelcaviog said Nurth bonndary and woog said North-South mid-section line South 00'37'33" W,,~ 1805.36 feet: Profe,,'.n.' long Survey on ,--,..,..... - ----..- J" 13 04 03,"p Joe Hicks 120a I 9a4 -5399 p.3 Thence North 73'36'18" West, 489.75 feel; Thence North 83'30'42" West, 232.70 fee~ Thence N'orth 54'54'43" Wesl, 1%55 feel; Thence North 20"08'17" West, 121.61 feel; Thence North 71 '48'42" West, 40.90 feel; Thence Soulh 87"U3"36" Wesl. 268.57 feet "'a painl on 'he West boundary oflhe East 1/2 oflhe NWt/4 ofo'¡d Seclion 26; Thence along said West boundary South 00'29'18" West. 274.02 feet; Thenœ ¡"ving said West boundary Nortb 89'09'47" West. 1309.82 feel'" a poml on lhe West boundary of said Seetion26; Theoce along.aLd West boundary !'forth 00"21']0" Easl, 329.58 feetk> Ihe Poinl Of Beginning. Conlaining 48.52 acres, roore or less. ~~ AUG 1 0 200; Meridian PIIIIIIII Worka Døpt, '<t EXHmIT B Approved Preliminary Plat Silverleaf Subdivision (File PP-04-03I) ;itIT'~~ jlJ ~:t~~f~~~-i¡ ":~ ¡Ii" d i ¡j ¡I¡ ¡¡¡ : 111 II I '" f9.i;,!"""" hHd ¡lli¡¡"~¡ n;! -1I1~~\ ¡ U hllm!! ¡1:~ ~ ~I~Ì\"':-)- ' 11' i",,!.!J~ ,¡".llli.,. i,;,::--:-",';.¡!¡ijì g 'II ~,;:::,'",':<1!":,,,',',,"'.,,",," ¡¡œ" ."liIIHllmilhi: ml !,!'! lIJni¡ !II~ J¡ Iffi' ~/" - ,I /'?' 1II!!.1 :1111,11 ~' ' ¡;J!: ~..iH"I!¡'¡I'III I, -. .; ---c_- ~Œ!,i ill Ii II . J i ,r"..1 :~~ ; i I i I ~ -~-j¡ I':,J- ,:, ~ ., I r '[.. ',,~ I,:, i i ,r)¡~ ]-¡::.: . I - , I : ~.. ',I., ;:]<': ~ I~! i ;,.~' , ,j,l. " ~ I,."i.,,~t,,¡, j~ ,,]¡ Ii 'II, _, ,I: I~ = ~~ EXHmIT C Approved Site. PI~ Silverleaf SubdlVlslOn (File CUP-04-033) -- ';i~:'" ¡W '¡ r>i;r~~£ ----- " n '" .-.- 'I ...-1 ¡,';", ~,gJ tillL ! :t¿-~zrr i ~~,~,'.-.,f.::,.,".'.;,.'.".:",-',.',...:-.;-,',','~,.,',:.-".','.~~'.'...,'""".,',',.,C,.-..,.. -i."1., Jii ~ t )}rc:,Z_: ' -.. I!~¡¡; )"~'.,~JJ",'-.Ä,'.,:,{,. ::-1 :. ~ ¡ffl/, . ;: -~ .1_' J.' '==-=-:- --'-..le---- 'l,iliT- /lIp . .~ }E ," . I ii II . , ¡¡ . /I i ¡II !¡ !:~~,'~~~~:~~' ¡ i " Ii ¡ i ¡¡ î I,I! ¡ ii Ii i 1.1". . II i I' I :i:rl"!II, nl ,¡~ il nl.!1 Ulllill;IIIIIJ.~ .I'!'WI, !1i..'I!"I'.!!I! : '--I'I! 11.1'/ i'l 1.1 'II, -=-=- --------.', .'.-'.(1 ! Ii ----- ! 1 .¡ - i¡ i ! I i i I fli "ri ,I I i ! i, ;1 I Ii !,¡¡H¡I 'Ii/lln I' ~' "i' Jlil "%-k i¡¡ ill ¡II ~11¡ I": - - -" -- .,- --.,- -, - -_\¡l EXIDBIT D Annexation and Zoning Conditions of Approval Centennial Development, LLC (File AZ-04-024) 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 7-13-04, stamped by Gregory G. Carter) 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 ITom 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. A Development Agreement will be required as part of this annexation request. A condition of the Development Agreement shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. EXHmIT E Preliminary Plat Conditions of Approval Centennial Development, LLC (File PP-04-03I) SITE SPECIFIC COMMENTS-PRELIMINARY PLAT 1. All conditions of the accompanying Annexation/Zoning (AZ-04-024) and Conditional Use Permit (CUP-04-033) application shall also be considered conditions of the Preliminary Plat (PP-04-031). 2. The applicant may construct a temporary vehicular access to Chinden Boulevard (SH 20/26), if approved by ITD. The temporary access road shall be constructed to ACHD standards and shall be removed within two (2) months of access being provided from either Silverleaf Way or Kingwood Drive in Lochsa Falls. If ITD approves a temporary access to Chinden Boulevard, a note should be placed on the final plat stating that Lot 12, Block 9 is a non-build lot until the temporary access to Chinden Boulevard is abandoned. 3. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y> the diagonal measurement of the project. Prior to issuance' of the 51 st building permit on the northern section of the development, a secondary emergency access approved by the Meridian Fire Department shall be provided. 4. Provide public stub streets to the north (Nickel Avenue), and west (Kingwood Drive and Shawn Street) as proposed. Extend the three public stubs streets provided to this property from the Lochsa Falls development (Glade Creek Drive, Powell Creek Avenue, and Tango Creek Drive) as proposed. 5. If Glade Creek Drive is not constructed and accepted by ACHD east of the site (in Lochsa Falls), construct a temporary turnaround at the eastern terminus of Satinwood Street that meets the design and construction standards ofthe Meridian Fire Department and ACHD. 6. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 7. The submitted 4-page landscape plan prepared by The Land Group, Inc., dated 6- 23-04 is approved as submitted, with the following modifications: . Amend the scale to be I" = 50' (currently shown as 1" = 1 00') on all sheets. . Depict a minimum 40-foot wide (35-foot wide currently shown) landscape buffer along Chinden Boulevard (including a 5-foot wide detached sidewalk). Said landscape buffer shall be located beyond any future street right-of-way, as proposed. If it is shown that the adjoining Lochsa FaDs Subdivision has the sidewalk within their 35-foot landscape buffer, this project may match that project. . All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12- 13-15-9. . Construct a minimum lO-foot wide (8-feet currently shown) gravel shoulder along Ten Mile Road and landscape the remaining portion of the right-of-way with lawn or other ACHD approved groundcover. . All areas being counted toward the 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 plan. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes and any other changes that may be required by the Planning & Zoning Commission, to the City Clerk at least 10 days prior to the next public hearing. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per 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. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. 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. 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. 10. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. 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. 11. Maintenance of all common areas shall be the responsibility of the Silverleaf Homeowners' Association. 12. Permanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. Temporary service shall be via a "private" lift station pumping the sewage generated within the development to a discharge point in N. Ten Mile Road. The "private" lift station shall be designed to accommodate the remaining undeveloped area of the NW portion of this section. The developer may enter into a maintenance contract with the City of Meridian for the operation and maintenance of the facility. 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. 13. Municipal water to this site shall be via extensions from existing mains in Ten Mile Road, and from future mains within Lochsa Falls. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. 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. 14. Direct lot access to Ten Mile Road and Chinden Boulevard is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road and Chinden Boulevard. GENERAL REOUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. 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. 4. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred-fifty and 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 /Tom the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed /Tom 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. 8, Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1O0-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. 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 of3-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. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. 10. Any existing domestic wells and/or septic systems within this project will have to be removed /Tom 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. 11. 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. 12. 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. 13. 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. 14. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 15. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. SANITARY SERVICES COMPANY (SSe) 1. No comment. MERIDIAN FIRE DEPARTMENT 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-feet apart. International Fire Code Appendix D. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on b. it. c. d. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 3. 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 turo around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y, the diagonal measurement of the project. 7. The proposed 134-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of389 residents at build out. 8. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 9. No parking signs and painted curbs will be required for all Fire Lanes. MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. ADA COUNTY HIGHWAY DISTRICT 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way (an additional 23-feet of right-of-way) along Ten Mile Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet ITom the centerline of the right-of-way, b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet ITom the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities, 2. Construct a local roadway (West Satinwood Street) to intersect Ten Mile Road approximately 160-feet south of the north property line, as proposed. 3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 4. Extend Kingwood Drive from the east property line approximately 645-feet north of the south property line, as proposed. 5, Extend SilverleafWay from the south property line approximately 490-feet west of the east property line, as proposed. 6. Extend West Satinwood Street /Tom the east property line approximately 100-feet north of the south property line, as proposed. 7. Construct a stub street that extends to the west property line approximately 550- feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTEND ED IN THE FUTURE". 8. Construct West Kingwood Drive as a stub street to the west property line approximately 170-feet south of the north property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct North Nickel Avenue as a stub street to the north property line approximately 550-feet east ofTen Mile Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct Shawn Street as a stub street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a driveway that intersects Ten Mile Road at the north property line, as proposed. This driveway is approved to access a lift station and pump house. ONLY and is not approved to access another lot or use. 12. Construct two (2) islands/medians within West Satinwood Street, as proposed. Provide a minimum of a 2 I-foot street section on either side ofthe proposed island/median. Construct the island to be a minimum of 4-feet wide with a minimum area of 1O0-square feet and shall be owned and maintained by the homeowners association. 13. Construct four knuckles without center islands within the subdivision, as proposed. 14, Construct a stamped concrete crosswalk at intersection of North Nickel Avenue and West Satinwood Drive, as proposed. 15. Construct a special radius for the northbound right-turn lane at the Ten Mile Road and West Satinwood Street intersection. 16. A portion of Silverleaf Subdivision's preliminary plat is being approved contingent upon the right-of-way within Lochsa Falls being dedicated to the public and the roadways being constructed or a financial surety in place for the construction of the roadways prior to the signature of the final plat for Silverleaf Subdivision. 17. Comply with requirements of ITD for Glenwood Street frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance ofa building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334- 8340. 18. 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 street 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 Construction Services at 387-6280 (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 #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 11, Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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. SETTLERS IRRIGATION DISTRICT 1. All irrigation / drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough 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 construction of any S.I.D. 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 above- mentioned subdivision. 7. This property is located entirely within Settlers Irrigation District, therefore, S.LD. will be the irrigation entity having jurisdiction. CENTRAL DISTRICT HEALTH 1. This proposal can be approved for central sewage & central water after written approval £rom 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-offis 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. IDAHO TRANSPORTATION DEPARTMENT (ITD) I. The US 20-26 has been designated a principal arterial type IV access control. Idaho Transportation Department is assuming that the SilverleafSubdivision is not asking for any (permanent) access to be granted ITom US 20-26. All the approaches should be designed to access other Ada County Roads or thrn adjacent subdivision to cut down on access to Chinden Boulevard. 2. Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way. MERIDIAN POLICE DEPARTMENT 1. No comments received. EXHmIT F Conditional Use Permit Conditions of Approval Centennial Development, LLC (File CUP-04-033) SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-04- 024) and Preliminary Plat (pP-04-031) as a condition of the Conditional Use Permit (CUP-04-033). 2. The project shall conform to the R-4 dimensional standards, except as follows: . Minimum lot size: 5,000 square-feet. Minimum frontage: 50-feet (non cul-de-sac lots). . 3, Provide amenities in accordance with the requirements of the City Council. The applicant shall provide detailed open space calculations at the P&Z Commission public hearing, clarifying what percentage of the site will be set aside as landscaped open space. If modifications to the plat/site plan/landscape plan are required by the Commission, said plan shall be submitted to the City Clerk at least 10 days prior to the public hearing. Unless otherwise required by the City Council, the proposed amenities (tot-lot, picnic area, pathways, and open space) shall be installed as depicted on the submitted landscape plan. . 4. Construction within Silverleaf Subdivision shall substantially comply with the ten (10) elevations submitted by the applicant, prepared by R. Haverfield. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 5. The applicant shall work with Meridian Planning & Zoning staff, the Meridian School District, as well as ACHD staff on striping, signage, or other mearlS to create an efficient crosswalk(s) design for the micropath/pathway crossings to/from the future school site. SANITARY SERVICES COMPANY (SSC) 1. No comment. MERIDIAN FIRE DEPARTMENT 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-feet apart. International Fire Code Appendix D. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. d. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 3. 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. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion Qf the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y> the diagonal measurement of the project. 7. The proposed 134-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 389 residents at build out. 8. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 9. No parking signs and painted curbs will be required for all Fire Lanes. MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. ADA COUNTY HIGHWAY DISTRICT 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way (an additional 23-feet of right-of-way) along Ten Mile Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet fÌ'om the centerline of the right-of-way, b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41- feet fÌ'om the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a local roadway (West Satinwood Street) to intersect Ten Mile Road approximately 160-feet south of the north property line, as proposed. 3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 4. Extend Kingwood Drive fÌ'om the east property line approximately 645-feet north of the south property line, as proposed. 5. Extend SilverleafWay from the south property line approximately 490-feet west of the east property line, as proposed. 6. Extend West Satinwood Street from the east property line approximately 100-feet north of the south property line, as proposed. 7. Construct a stub street that extends to the west property line approximately 550- feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct West Kingwood Drive as a stub street to the west property line approximately 170-feet south of the north property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct North Nickel Avenue as a stub street to the north property line approximately 550-feet east ofTen Mile Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct Shawn Street as a stub street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a driveway that intersects Ten Mile Road at the north property line, as proposed. This driveway is approved to access a lift station and pump house. ONLY and is not approved to access another lot or use, 12. Construct two (2) islands/medians within West Satinwood Street, as proposed. Provide a minimum of a 21-foot street section on either side of the proposed island/median, Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and shall be owned and maintained by the homeowners association, 13. Construct four knuckles without center islands within the subdivision, as proposed. 14. Construct a stamped concrete crosswalk at intersection of North Nickel Avenue and West Satinwood Drive, as proposed. 15. Construct a special radius for the northbound right-turn lane at the Ten Mile Road and West Satinwood Street intersection. 16. A portion of Silverleaf Subdivision's preliminary plat is being approved contingent upon the right-of-way within Lochsa Falls being dedicated to the public and the roadways being constructed or a financial surety in place for the construction of the roadways prior to the signature of the final plat for Silverleaf Subdivision. 17. Comply with requirements ofITD for Glenwood Street frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance ofa building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334- 8340. 18. 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 street 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 uoless approved in writing by the District. Contact Construction Services at 387-6280 (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 #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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. SETTLERS IRRIGATION DISTRICT I. All irrigation / drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough 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 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 above- mentioned subdivision. 7. This property is located entirely within Settlers Irrigation District, therefore, S.I.D. will be the irrigation entity having jurisdiction. CENTRAL DISTRICT HEALTH 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. IDAHO TRANSPORTATION DEPARTMENT (ITD) 1. The US 20-26 has been designated a principal arterial type IV access control. Idaho Transportation Department is assuming that the Silverleaf Subdivision" is not asking for any (permanent) access to be granted from US 20-26. All the approaches should be designed to access other Ada County Roads or thrn adjacent subdivision to cut down on access to Chinden Boulevard. 2. Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way. MERIDIAN POLICE DEPARTMENT 1. No comments received. EXHIBIT G Annexation and Zoning Findings Silverleaf Subdivision (File AZ-04-024) The City Council hereby approves the following analysis of required findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning 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. " 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; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. Staff finds that the requested 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 "Low Density Residential" near Chinden Boulevard, and "Medium Density Residential" for the southern portion of the site. In addition, in the applicant's cover letter (from Shawn Nickel, dated July 15, 2004) several Comprehensive Plan policies are listed, all of which support the annexation and proposed residential use of the property. B, Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat proposing single-family lots on the subject site (Silverleaf Subdivision, PP-04-031). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP and PP applications are approved. 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; E, Staff finds that the proposed single-family development could be allowed within the requested R-4 zone, if the accompanying Conditional Use Permit for a Planned Development is also approved. 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 to the south and east have been developed in a manner similar to the proposed subdivision, with single-family dwelling units. Lochsa Falls Subdivision to the south and east was approved with a gross density of2.92 dwelling units per acre. There have been no recent street improvements in the area. Further, neither Ten Mile Road nor Linder Road is currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Chinden Boulevard is not in ITD's current STIP for roadway improvements (is in corridor preservation). Permanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. The applicant proposes temporarily pumping the sewage generated within the development to a discharge point in N. Ten Mile Road. The Public Works Department does not have concerns with this concept, provided that the "private" lift station is designed to accommodate the remaining undeveloped area of the NW portion of this section, Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similar to other properties in the area. 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 R-4 zoning and subsequent residential use proposed with the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding 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 does not find that the proposed zoning/uses will adversely change the essential character of area. See Preliminary Plat Analysis below for further information. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be hazardous to future or existing uses or neighbors in the area. 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 manner consistent with City Code. Staff recommends that the Commission and Council rely on public testimony to determine whether the proposed use will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fll"e 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; Permanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. The applicant proposes temporarily pumping the sewage generated within the development to a discharge point in N. Ten Mile Road. The Public Works Department does not have concerns with this concept, provided that the "private" lift station is designed to accommodate the remaining undeveloped area of the NW portion of this section, Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Lochsa Falls Subdivision. 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. As of the print deadline for this report, the ACHD has not had a chance to review and comment on the Traffic Impact Study (TIS) for this development. Therefore, there is no staff report from ACHD and this item has not yet been scheduled on an ACHD agenda. Please review any comments that may be sent ITom ACHD between the print deadline and the hearing. J. Based on the comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. 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. Further, the Commission and Council should determine if the above finding can be made without ACHD's analysis of this development on the roadway system. 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; If approved, the developer will be financing the extension of sewer, water, local street infi'astructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the annexation and zoning 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; According to the Traffic Impact Study (TIS) prepared by the Washington Group International the proposed project is anticipated to generate 1,921 vehicle trips per day, Staff recognizes 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 annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the 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 applicant is proposing to construct one public street entrance into the site fi'om Ten Mile Road and one temporary access into the site from Chinden Boulevard (SH 20/26). The applicant is also proposing to extend two stub streets into the site that were approved with the Lochsa Falls development. If the proposed vehicular approaches (streets) are approved and accepted by ACHD, staff does not believe that the subdivision will L. 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 annexation and rezone. Any existing trees larger than 4" caliper that are removed should 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. The land east and south of the subject property was previously annexed into the City and this is a logical expansion of existing zoning and land uses. In accordance with the findings listed above, staff finds that the annexation/rezone of this orooertv would be in the best interest of the City. EXHIBIT H Preliminary Plat Findings Silverleaf Subdivision (File PP-04-031) 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 the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. Staff finds that the proposed single- family residential subdivision, with a gross density of 3,0 dwelling units per acre, 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" and "Low Density Residential", near Chinden Boulevard (provided the Commission and Council grant the requested planned development). B. The availability of public services to accommodate the proposed development; Staff finds that public services are available or can be made available to accommodate the proposed development. See Annexation and Zoning Analysis "G" and "H" above, 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; The development will not require major expenditures for providing supporting services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (i.e, police, fire, ACHD, etc) to determine 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 finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site, Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems that staff is unaware of, EXHmIT I Conditional Use Permit Findings Silverleaf Subdivision (File CUP-04-033) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A, That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and lot size of the R-4 zone, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B, That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed single-family residential subdivision, with a gross density of3.0 dwelling units per acre, 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," and "Low Density Residential," near Chinden Boulevard (provided the Commission and Council grant the requested planned development). C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. ,- G, H. D, That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E, That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Analysis "G" and "H" above, the Other Agency/Department Comments and Conditions at the end of this report, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed development will not be detrimental to the community's economic welfare. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive. production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. Staff recognizes 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 development will create excessive noise, smoke, fumes, glare, or odors, Staff finds that the proposed residential use will not be detrimental to people, property or the general welfare of the area. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; i_. Staff does not believe that the proposed vehicular approaches will create an interference with traffic on the surrounding public streets. Please see Annexation and Zoning Analysis "J" above. However, neither ACHD nor ITD have provided the City with a detailed review (staff report) on the proposed vehicular approaches. The Commission and Council should review any comments the ACHD and/or ITD provide for this project when determining this finding. I, That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. See comments under Annexation and Zoning Analysis "K" above. >"h~-