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HomeMy WebLinkAboutCairns Crossing Subdivision RZ-04-011 PP-04-033CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Rezone of 9.16 Acres from R-8 to C -C AND Preliminary Plat Approval for Eleven Commercial Building Lots in a Proposed C -C Zone for Cairns Crossing Subdivision, by Landmark Engineering & Planning, Inc. Case Nos. RZ-04-011, PP -04-033 For the City Council Hearing Date of. November 16, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the November 3, 2004, public hearing. 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). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is Stubblefield Development Company. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Rezone application. b. See Exhibit F for the findings required for the Preliminary Plat application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat stamp dated September 28, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamp dated September 28, 2004 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.13 & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Rezone Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Rezone Findings Exhibit F: Preliminary Plat Findings By a tion of the City Council at its regular meeting held on the �-c day of OI�G/ia , 2004. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE . VOTED4� COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) de Weerd Attest: G. Berg, Jr., Cit3,0'Ck6;k 9 o Copy served upon Applicant, The and City Attorney. SEAL s '9r psi AVN l ' ����1 "15 findeoning Department, Public Works Department By: ..,1Dated: 11-1-4-04 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE 4 of 4 EXHIBIT A Legal Description Cairns Crossing Rezone (RZ-04-011) Re-Zcw tiwndery Description for Swb6kReld Development A parcel for re-aons purposes located In the PRN % of the NW % of Section 12, Township 3 North, Rage 1 West, Boise Meriden, Ada County, Idaho, more parbcutady described as fotows: BEGINNING at a 518 inch diameter iron pot narking the rnrtlwasedy corner of said NW % of the NW % tins Conner), fium wNW a brass cap monument marking the northwesterly comer of Said NN X of ft NW % (Seaton Comer) beam N 89*53'55' W a distance of 1328A8 feet Thence S 0'10'06' W abrg the eas" barmdery of sod NW % of the NW % a distance of 495.77 feet to a 518 Inch dlsnaler imn pin masking the noritheasteriv comer of North Gate No. 3 SuhdNision as shoam In Book 38 of Plats at Page 3100 in the office of the Recorder, Ada Onurdy, deho;. Thence N 89'44'07- W eking the no edy borndary of said Nodh Gabe No. 3 Subdivision end the northerly boundary of Nath Gate No. 2 SubdPrieion as shown in Book 33 of Plein at Pape 2024 in the office of the Recorder, Ada County, Idaho. a distance of 894.44 feet to a port Thence N 3°5729' E Wong the westerly boundary of said North Gate No. 2 Subdivision a of 205b7 feet to a SM Inch crovater Iran piC Thence leaving said wastedy boundary N 0.12'40' E a distance of 287.99 feet to a point on the rwrt e*j boundary of sold NN %oft o NW A; Thence S 88'53'55' E along said nodded* bomWay a diamine of 881.50 feet to the POINT OF BEGINNING. This parcel oonlai s 10.04 acme and is subject to any easements a dstrg or in use Clinton W. Nam wn, PLS Land Solutions, ha August 24, 2004 EXHIBIT B Approved Preliminary Plat Cairns Crossing (PP -04-033) EXHIBIT C Rezone Conditions of Approval Cairns Crossing (File RZ-04-011) The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. A Development Agreement shall be required. Said agreement shall contain the following conditions: A. A cross access agreement must be established for all subdivision lots. In addition, a cross access agreement must be established with the Linder Crossing parcel to the west. B. All Cherry Lane facing building elevations on Lots 1, 2, 3, 4, and 5, Block 1 (lots adjacent to Cherry Lane) shall have at least 40% glass and floors above the main floor shall have a minimum of 20% glass. Also, on the aforementioned lots, one or more of the following shall be incorporated into all building walls facing Cherry Lane: awnings, modulated/articulated walls, parapets, eave overhangs or similar design features. C. All HVAC units located on the roofs of buildings must be screened. D. Lots 8, 9, 10 and 11, Block 1 (all lots adjacent to the south property line) shall have a restriction that any use that is not consistent with a standard Limited Office zone use shall be restricted to hours of operation between 6:00 a.m. and 11:00 p.m. every day of the week. E. The south perimeter block wall shall be designed such that the top of the wall matches the top of the existing wall in Linder Crossing, allowing for overall wall height to exceed six feet if the ground contours demand. Preliminary Plat Conditions of Approval Cairns Crossing Subdivision (File PP -04-033) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) Sanitary sewer service to this site will be from main line extensions from mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Water service to this site will be from main line extensions from existing water mains adjacent to the proposed development. 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. Per MCC 12-13-10-4, construct a minimum 25 -foot wide street buffer along Cherry Lane and a minimum 25 -foot wide buffer adjacent to the southern boundary and a minimum 20' buffer along the eastern boundary. All required street buffers shall be located beyond any future right-of-way. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Please provide additional information on relocation of Cairns lateral. Applicant shall work with staff to plan the final relocation of the Cairns Lateral. 6. The Preliminary Plat shall be revised as follows: a. Show where pump station will be relocated; b. Modify plat to show two access points off of Cherry Lane and align eastern access point with the library's ingress access point; c. Provide a pedestrian connection to Cherry Lane at the western driveway; d. Show an emergency access connection and pedestrian connection at the 13u Street stub; and e. Show second access point to the west on preliminary plat. 7. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 8. Any future proposed drive-thru's will require a Conditional Use Permit application. 9. A Certificate of Zoning Compliance (CZC) will be required prior to the issuance of building permits. Since parking is not assessed with the preliminary plat, compliance with parking requirements will be verified with the Certificate(s) of Zoning Compliance. SSC must approve the site plan prior to the issuance of a CZC for the subject property. 10. 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 removed. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100 -year storm event. Side slopes within drainage areas shall not exceed 3:1. 13. The applicant has indicated that the business owners association will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the municipal water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 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. 14. Emergency access located at the 13`h Street stub shall be a minimum twenty foot (20') wide access gate for emergency services and two (2) five foot (5') wide pedestrian openings, per the drawing submitted by the applicant at the November 3, 2004 City Council hearing. The exact design details shall be coordinated with staff at the time of preparation of construction drawings for the preliminary plat. 15. Revise the plat note addressing setback lines; the note incorrectly lists the front setback as 20'. The setback is 25' for the C -C zoning district. 16. Ordinance requires landscape buffers to be located in a common lot but applicant may request as a part of their application to have the landscape buffers to be located in easement. If the landscape buffers are located in an easement the landscaping shall be maintained by a common business owners association. Prior to City Council applicant must either modify the plat or request alternative compliance to allow the landscaping easement from the Planning Director. B. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two -hundred -fifty -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. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 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. 9. Provide five -foot -wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. C. Adopt the Recommendations of ACHD as follows: 1. Construct a 35 -foot wide curb return type driveway that intersects Cherry Lane to align to 13a' Avenue on the north side of Cherry Lane. Construct the driveway as a 15 -foot curb return type driveway and pave the driveway its full width and at least 30 -feet into the site beyond the edge of Cherry Lane. 2. Construct a 35 -foot wide curb return type driveway that intersects Cherry Lane at the east property line to align with a driveway on the north side of Cherry Lane that serves the Meridian Public Library. Construct the driveway as a 15 -foot curb return type driveway and pave the driveway its full width and at least 30 -feet into the site beyond the edge of Cherry Lane. Do not extend 13t` Avenue as a public street. Construct a single 10 -foot wide access (minimum) or two 5 -foot wide accesses to allow pedestrians and bicyclists to freely travel between the existing neighborhood and the new commercial development. Coordinate with Meridian City Emergency Services and District staff to determine an appropriate means for emergency access, pedestrian and bicycle traffic. 4. Submit a signed cross access agreement for this parcel and the parcel to the west to share ingress and egress to Cherry Lane. 5. Other than the access points that have specifically been approved with this application, direct access to Cherry Lane is prohibited and shall be noted on the final plat. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" 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'.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. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The 11 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. Maintain a separation of 5' from the building to the dumpster enclosure. 8. Provide a Knoxbox entry system for the complex. 9. All processes & storage practices shall be required to comply with the International Fire Code. 10. Provide exterior egress lighting as required by the International Building & Fire Codes. 11. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project. 12. If buildings are sprinkled all fire connections will be within 100' of a hydrant. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval 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. F. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 3. All laterals and waste ways must be protected. 4. The developer must comply with Idaho Code 31-3805. 5,. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E Rezone Findings (File RZ-04-011) The City Council hereby approves the following analysis of required findings by staff: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." The proposed C -C zoning is compatible with the Comprehensive Plan designation of "Commercial." Staff also finds the following 2002 Comprehensive Plan text policies to be applicable (staff analysis is in italics below policy): • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) The proposed Cairns Crossing Subdivision has frontage Cherry Lane, a principal arterial roadway. The applicant is proposing a pedestrian connection with the residential subdivision to the south of the subject property. The proposed commercial development complements adjoining residential areas. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6) As required under MCC 11-13, the applicant is proposing landscaping buffers at the edges of the subject property bordering Northgate residential subdivision. • "Permit new ... commercial ... developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) Cairns Crossing Subdivision is contiguous to existing city limits and sanitary sewer, water and other urban utilities can be extended to meet the needs of the development. B. 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; The property immediately to the west of the subject property was recently developed as a commercial development. Linder Crossing, a multi -tenant commercial building with C -N zoning was permitted through a CZC application in 2002. Staff finds a rezone of the proposed property would be compatible with other land use and facility changes in the area. C. 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; No specific uses are proposed with this application. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and standards, should be harmonious and appropriate in appearance with the existing character of the vicinity. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds the majority of the potential future uses on the subject property allowable in the C -C zoning district will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. The proposed landscape buffers and the block walls located at the southern edge of the property and the southwest edge of the property adjoining residential uses are intended to mitigate any disturbances. E. 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 the public streets adjacent to the subject property will handle the additional traffic generated by future development. See the report from the Ada County Highway District for further details concerning the potential traffic impacts of the proposed development. ACHD has recommended that the applicant provide only two access points to Cherry Lane and that the eastern access point be aligned with the library's access point directly north of the subject property. See Zoning Comment "H" regarding the stub street at 13th Street. Sanitary sewer and water are either currently available or can be made available to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. F. 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 this development will not cause excessive additional requirements at public cost. All site improvements will be funded and constructed by the developer. We also find that the rezone alone will not be detrimental to the community's economic welfare. G. 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 finds that several of the allowed uses in the C -C zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. The allowed uses in the C -C zone are generally limited to uses compatible with residential uses. The Commission and Council require that a Development Agreement be entered into to address any potentially detrimental activities (e.g. hours of operation). H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the vehicular approaches, if modified as recommended by staff and ACRD, will not create an interference with traffic on surrounding streets. See the report from the Ada County Highway District for further details concerning the potential traffic impacts of the proposed development. ACHD has recommended that the applicant provided only two access points to Cherry Lane and that the eastern access point be aligned with the library's access point directly north of the subject property and that the applicant provide a pedestrian connection and emergency access at the 13th Street stub located to the south of the subject property. The applicant is proposing to not provide a vehicular connection between the stub located at 13 I Street at the southern edge of the subject property and the proposed commercial subdivision. The applicant is, however, proposing to provide emergency vehicle access and a pedestrian connection at 13th Street; this proposal is supported by both Meridian's Police and Fire Departments and ACHD. Staff is supportive of the applicant's proposal to provide a pedestrian connection and emergency access at the 13a' Street stub in light of the strong opposition by the residents of 13a' Street to the vehicular connection and the relatively close proximity of 13a' Street to Linder Road. The pedestrian connection will allow residents to easily access the commercial subdivision by foot or bicycle and steel feels that the proximity of 13th Street to Linder Road does not necessitate a vehicular connection at 13a' Street. The connection at 13th Street was discussed at the public hearings held in 2001 for the Linder Crossing CUP and rezone applications. The applicant originally proposed to provide a vehicular connection at 13a' Street. The CUP and rezone applications (RZ-00-005 and CUP -00-048) were withdrawn by the applicant before any decisions were made by Council regarding the access point at 13a' Street. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the rezone alone will not result in the destruction, loss or damage of natural or scenic features. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the rezoning of this property would be in the best interest of the City for the following reasons: • increased commercial land base; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. EXHIBIT F Preliminary Plat Findings (File PP -04-033) 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; Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial' and staff finds the subdivision to be in substantial compliance with the Plan. See other findings under the Annexation and Zoning analysis above. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision. The Commission and Council should review comments provided by the Meridian Fire and Police Departments. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff finds that the number of vehicular access points to Cherry Lane should be restricted and comply with ACHD policies in order to preserve the capacity and movement on the roadway at build -out. Staff and ACHD are recommending that the applicant modify the proposed site plan to include only two access points off of Cherry Lane rather than the three access points proposed by the applicant. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision is in conformance with and will not negatively impact the capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for supporting services. The developer will fund and construct the majority of the supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that as long as the developer complies with all regulatory agency standards, no health, safety or environmental problems are anticipated by this development.