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HomeMy WebLinkAboutSicily Subdivision AZ-05-014 PP-05-061 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 19.72 Acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat Approval of Seventy- Four (74) Single-family Building Lots and Five (5) Other/Common Lots on 19.72 Acres in a Proposed R-8 Zone by Landmark Engineering and Planning, Inc. Case No. AZ-05-014, PP-05-061 For the City Council Hearing Date of: June 28, 2005 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. b. The matters were duly considered by the City Council at the June 28, 2005, 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. Written and oral testimony was received on this matter, as reflected in the records ofthe 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 recommendation for approval to City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-O5-014,PP-O5-016 -PAGE 1 of4 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 of record at the time of issuance of these findings is Interwest Development (Bruce Blaser). 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for each 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 3/10/05 as shown in Exhibit B, and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/10/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-O5-014,PP-O5-016 -PAGE2of4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe 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 approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Exhibit B: Legal Description Approved Preliminary Plat (3/10/05, with conditions) Exhibit D: Conditions of Approval (all agencies) Annexation and Zoning and Preliminary Plat Required Findings Exhibit C: By ~on ofthe City Council at its regular meeting held on the ---/~ ,2005. .......... Zg-f!::- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-O5-014, PP-O5-016 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: and City Attorney. BY~~UÞV ity Clerk's Office Dated:~O -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-O5-014, PP-O5-016 -PAGE 4 of4 EXHIBIT A Sicily Subdivision AZ-05-014 PP-05-016 Legal Description , _Cu"C , -"'-",:_..:;,:_',;,;..:"""",,,- '"::0';',,..- :\ 'I'~ 4 OJ PIJ STFWARf rJ:LE ':; 6,;;;: .. .. ItmlBI1: "A" TRACT UJ; AJI "= """,," ,,""" W", Rolf of'" s..~- Qoo.., "f~o N- Q","o, .., ,r Ibo W ~I H,'f or c" fw H~f of .., Soo"~'" Qu.n~ of'" No.- Q<wta- '".. N"""<rlr of.., JWmb,"gh C'o,', ,Ii '" Sect,,):] )0, ToWnship 3 North. Range I EaaoftbcBoi8CI MeridilllJ, Ad.¡ CO\1J'1t)', Idaho. """""OJ ,., """'"' "~N ~ ,," EXHIBIT B Sicily Subdivision AZ-05-014 PP-05-016 Approved Preliminary Plat - -~' r'~-l~:--~- , ~. -~. ,':'" . /~! " I 1. , . '!~7~" -:i~ /_~._../ .,' I II' ¡ I' ¡ I ¡'I . : / III . I I II . ~..n"."~c'1'."f~¡¡If:rií;f¡,1 ~!: II II i II I flU if I~UI!II¡lljlímHII ~ , II 1¡l11.1! It '1IIfllllllllli¡ 1'1 - "iIQI 11'1 I"i,l,l, fi . II ~ t I. K ¡ , ( i =~:- ~~ ~:::-~~~~ . f'IIEIJIIlNARY PI.,. SICIL Y SUBDIVISION SlJRFA(;~ FJ;;ATURES/UTlU'fIES .~- .----"--- EXHIBIT C Sicily Subdivision AZ-05-014 PP~05-016 Conditions of Approval ANEXA TION & ZONING COMMENTS 1. The annexation legal description submitted with the application (dated 12-1-04, stamped by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. All conditions of the accompanying Annexation/Zoning (AZ-05-014) application shall also be considered conditions of the Preliminary Plat (PP-05-016). 2. Provide a public stub street to the north (S. Caesar Ave), as proposed. 3. 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. 4. The landscape plan prepared by Jensen Belts Associates., dated 3-11-05 is approved as submitted. 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 may be removed (MCC 12-13-13-3). 5. The applicant has requested a waiver for the Ridenbaugh Canal to remain open, per MCC 12-4-13. Based on other sections of the Ridenbaugh that have been bridged, a pipe diameter would substantially exceed 48 inches. Historically, the City of Meridian has not required the tiling of waterways that would require a pipe diameter of 48 inches or larger. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-l3. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Sanitary sewer service is being proposed to this site via the Roseleaf and Chatsworth developments to the East. These projects have been approved but there is no time line for their completion. The applicant shall be responsible for constructing the lateral sewer through this proposed development The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 8. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time frames outlined in Meridian City Ordinance. 9. Water service is being proposed to this site via the Roseleaf and Chatsworth developments to the East. These projects have been approved but no there is no time line for their completion. The applicant shall be responsible for constructing the water main to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 10. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee water service within the development time frames outlined in Meridian City Ordinance. 11. 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. 12. The applicant has indicated that storm drainage will be routed to shallow storm water detention ponds then discharged into existing drainage ditches at pre- development flows. It is the applicant's responsibility to coordinate, and enter into, a Discharge Agreement with Nampa & Meridian Irrigation District. 13. If permanent perimeter fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 14. Maintenance of all common areas shall be the responsibility of the Sicily Homeowners' Association. 15. A six-foot "open vision" or four-foot solid fencing is required adjacent to the common area/open space lots. Submit a detailed fencing plan with the final plat. 16. The applicant shall submit a Variance application for block length that shall be heard concurrently at City Council with the subject Annexation and Zoning and Preliminary Plat applications. 17. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. All minimum lot sizes, structure setbacks, street frontage, and house size requirements shall be maintained. GENERAL REOUIREM.,ENTS-e,RELIMfNARY PLAT 1. 2. 3. 4. 5. All grading of the site shall be performed in conformance with MCC 11-12-3H. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 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. A detailed landscape 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. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 13. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 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 100-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 of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-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 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. 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. 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. 16. 17. 18. 14. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 15. The applicant shall be responsible for application and compliance with any DPDES permitting that may be required by the Environmental Protection Agency. The applicant shall be responsible for application and compliance with any Section 404 permitting that may be required by the Army Corps of Engineers. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Ae:encv/Department Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. SSC has no comments related to this application. 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 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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 when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The proposed 74-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 215 residents at build out. 8. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3 .l.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN POLICE DEPARTMENT 1. No comments received. EXHIBIT D Sicily Subdivision AZ-05-014 PP-05-016 Required Findings ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staff has combined the analysis of use with the annexation and zoning findings. 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 tenns of the following standards and shall fmd 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; City Council finds that the proposed zoning designation. R-8. is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map. which designates the land to be Medium Density Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sicily Subdivision is 3.75 dwelling units per acre. The Future Land Use Map shows a future community park in this square mile. However, the Parks Department is not seeking to acquire any land from the applicant. The following Comprehensive Plan policies support this proposal: . Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action l) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural . . Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are either designated for residential or public/quasi public uses on the Comprehensive Plan Future Land Use Map. . Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area jòr medium- density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.75 dwelling units per acre. . Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) One stub street has been provided to large, undeveloped parcel to the north and two street connections have been provided to the east to Roseleaf and Chatsworth Subdivisions (see ACHD report for details). City Council finds that the proposed R-8 zoning designation is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. There are several large, undeveloped county parcels to the west, north and south of this land and additional annexation/rezone requests are anticipated on these parcels in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the proposed single-family residential subdivision would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land would be developed in lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 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 sinùlar to the proposed rezone area; City Council finds that the land directly east of the subject property is annexed and approved for development similar to the proposed subdivision (Roseleaf Subdivision and Chatsworth Subdivision). Tuscany Lakes Subdivision and Sageland Subdivision were also recently approved residential developments in the area. Tuscany Lakes Subdivision is located near the southwest comer of Locust Grove Road and Victory Road and Sageland Subdivision is on the northeast comer of Locust Grove Road and Victory Road. The majority of Section 30, Township 3 North, Range 1 East is designated for residential development similar to the proposed project. This is the fourth annexation application the City has processed within the northeast quarter of Section 30. Locust Grove Road is designated as a Urban Collector on the Functional Street Classification Map. This section of Locust Grove Road abutting the site is not currently programmed within ACHD's Five Year Work Program or Capital Improvement Program for roadway improvements. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. City Council finds that the proposed R-8 zoning and subsequent single- family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. City Council 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. Although there will be an impact of the subject development on the existing character of the area (agricultural), staff finds that the impact is consistent with the intended character of the area; a mix oflow and medium density residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as landscaping, fencing and the other conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and Îlre 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; 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. Sanitary sewer and water service for this development will be from mains in Roseleaf and Chatsworth Subdivisions. 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. J. On April 29, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. Based on the comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. 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, public 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. City Council finds there will not be excessive additional requirements at public cost. Staff does not anticipate that the annexation and zoning will 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; City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic congestion is an ongoing issue for Meridian, the resolution of which is beyond the scope of this project. City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. 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 from Chatsworth Subdivision (E. Mona Lisa Drive) and one public street entrance into the site from Roseleaf Subdivision (E. Palermo Drive). If vehicular approaches (streets) are approved and constructed in accordance with ACHD policy, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. A. B. c. D. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, City Council finds that the annexation/zoning of this property, as proposed by the applicant, is in the best interest of the City. PRELIMINARY PLAT ANALYSIS Meridian City Code (MCC) 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: The conformance of the subdivision with the Comprehensive Development Plan; See Annexation and Zoning Analysis "A" above. The availability of public services to accommodate the proposed development; City Council finds that public services are or will be available to accommodate the proposed development. See Annexation and Zoning Analysis "G" above. 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 a development on this property will not require the expenditure of capital improvement funds. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. (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. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis.