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HomeMy WebLinkAboutRedfish Subdivision PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 2.78 Acres from RUT (Ada County) to L-O (Limited Office) and Preliminary Plat Approval of Five (5) building lots and Two (2) other lots on 2.521 acres in a proposed L-O Zone for Redfish Subdivision, by Ben Miller. Case No. AZ-05-021, PP-05-021 For the City Council Hearing Date of: July 12, 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 July 12, 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-O5-021, PP-O5-021 - PAGE 1 of 4 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 Ben Miller. 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 3/13/05 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 3/13105 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-O5-021 , PP-O5-021 - PAGE 2 of4 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: Legal Description Approved Preliminary Plat (3/13/05, with conditions) Exhibit B: Exhibit C: Conditions of Approval Annexation and Zoning and Preliminary Plat Required Findings Exhibit D: By action of the City Council at its regular meeting held on the I z,f1-~ day of J~ ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-O5-021 , PP-O5-021 - PAGE 3 of 4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ ~~ COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY deWEERD (TIE BREAKER) VOTED Attest: and City Attorney. ~1u~ lty Clerk's Office Dated: --¡;, 3 -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECISION & ORDER CASE NO. AZ-O5-021, PP-O5-021 - PAGE 4 of 4 EXHIBIT A Redfish Subdivision AZ-O5-021, PP-O5-021 Legal Description MILLER PROPERTY ANNEXATION A parcel of land located in the southwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Meridian, Idaho and described as follows: Beginning at a brass cap monument marking the southwest corner of said northwest quarter of Section 36 and the centerline of N Linder Road from which a brass cap monument marking the northwest corner of said northwest quarter of Section 36 bears N 00015' 1 TEa d ¡stance of 2634,71 feet: thence leaving said centerline along the South line of said northwest quarter S 89°09'05" E a distance of 273,36 feet to a 5/8 inch rebar from which the center one-quarter corner of said Section 36 bears S 89~09'05" E a distance of 2398,46 feet; thence leaving said South line along the boundary line of BaldwIn Park Subdivision No.1 as recorded in book 85, page 9516 of plats, Ada County, Idaho N 00'15'17" E a distance of 43664 feet to a 5/8 inch rebar; thence N 86°36'03" W a distance of 225 69 to a 5/8 inch rebar; thence leavIng said boundary line of Baldwin Park Subdivision No 1 and continuing N 86°36'03" W a distance of 48.07 feet to the West line of said southwest quarter and the centerline of said N Linder Road: thence along said West line S 00° 15' 17" W a distance of 448.82 feet to the POINT OF BEGINNING Said parcel contains 121,018 sq ft. or 278 acres more or less and is subject to any easements and/or rights-af-ways on record or implied ¡', \ ~,,- v {IN APP';f~~ .,~ ,~~~~~~ ~~~f.'C Legal Description for REDFISH SUBDIVISION Exterior Boundary A parcel orland being a portion of the SWU..J o[the NWI/4 ofSectÎon 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the NW Comer of said Section 36, thence along the West line of said Section 36, also bei ng the centerline of N. Linder Road, SOO° 15' IT'W a distance of 2634.71 feet (fonnerly 2634.81 feet) to a brass cap marking the SW Comer of the NW 1/4 0 r said Section 36, thence leaving said West line and along the South line of the NWl/4 of said Section 36, S89°09'05"E a distance 0£25.00 feet to a 5/8 inch rcbar on the East right-of-way line of said N. Linder Road being the POII\'T OF BEGTh'NßIG; Thence leaving said South line and along said East right-of-way line NOoo15' I7"E a distance of447.71 feet to a 5/8 inch rebar; Thence leaving said East right-of-way line and along the South line of Lots 1, 6 and 7 Block 4 of BALD WIN PARK SUBDIVISION NCJ 1 as shown on the official Plat, recorded in Book 85 of Plats at pages 9516 and 9517 records of Ada County, Idaho, 586°36'03" E a distance of 248.72 feet to a 5/8 inch rebar marking an angle poillt in the South line of said Lot 7 also being the NW Comer of Lot 9 of said Block 4; Thence leaving said South line and along the West line of Lots 9 through 12 and 15 of said Block 4 SOO° 15' 17"W a distance of 436.64 feet (fonnerly a distance of 436"73 feet) to a 5/8 inch rebar marking the SW Comer of said Lot 15 also being on the South line of said NWI/4; Thence leaving the West line of said Block 4 and along the South line of said NW 114 N89°09'05"W a distance of 248.36 feet to the POINT OF BEGINNING; Said parcel contains approximately 1 09,812 square feet or 2.52 acres, more or less and is subject to al1 existing easements and rights-or-ways ofrecord or implied. (~~ -- ,-::.--, EXHIBIT B Redfish Subdivision AZ-O5-021, PP-O5-021 Approved Preliminary Plat --------------- ------- --~ -'"'_C---" - --- -,-~ ---~-----------or--- ..,- ¡ ! !.¡ , -, : -I I + I- i; --..:',' " . I It ':- -I" I! ' f ,,:'; \,:)~ : , I - f:,:, ,'::,L~ ,: 11 "', ,",,' ' : ' , -, j"- t ì~¡ I I I 1 1-- I': ¡¡ : , 1-'--' , " ".. ~¡.'<I: Ujo Df:l-&""i'~I"';""."~'¡.~...e.f)l: i::¡ 1!!ลก: , -- t, , : , I I:, i il~i¡II' '~ 0 - ---, -..-......-"..,..------¡-,. .. , '¡'-P"I'~<I;"'A"; ¡¡ ;¡~,¡ l;". IlUilUIHUWm¡dl! i 2 ¡ ¡hh d;¡itì¡;;hli II~UI-I!ni; i!r¡:H~pq~q:1!nnli! i! i! !Pd ¡ ":dm;;H '.1\ jJi- ¡ ~~t!lp\P fP!~'i~I'~! it ,--" :", 01 !'-itp-"J "1. "¡¡¡,,j! \.. .. '\'-j"l!j,--~~, ..-!~ I -, fI ", - J,- - l' " ~ ; ~ H ~:: ~I~ ~ql' li~ i~~~'~ i=p'~~~i f"i~ .!~- - $~ i! -, i¡~ 1 ¡ ~ ,:' J . ¡~' <~~ .. ", " . 1 ~~ I;! o~> :::¡ ;g ~..;¡ ",::¡ "!~ ; ~ ~, ~ -J z ,~" '" ,,' ~.' ;>0:'; lò:~ "'-< ~-~" c: ~'!¡I :to'" ~.5g ~ !~~ 1'0;;0 o~~ Õ..., !'~ "" _£_~ !¡P~!; 'f ¡¡ ¡ Xi ;:"'1 ~í ¡; 1 I Idln ¡ '{ ¡ q HI, ii ! ~ II - o¡::. ~i ir¡dl ~~t .."..,1"11-<1'11" 1biJ i ¡ ¡ I r>: {:! J ¡ '¡IIII ~ ~ I .p, ¡ I I ! ¡Ht!ri¡~ ¡;:;l!H1¡I'j "'!,1 ! . ¡ '! I l!;!ll j I! ! ~ t 1 ¡ ~ HmJ 1 ~ i ¡t I ¡ ." -~ ~. ~ - " , ~-",",]o->-~" . . ili ~H~: l "'~ ~( , ""'" "F -I~_I!I' !1'!r{~J:::_]I~jJ~-~~-~D"i:~~::;~S.i~~~~..~;~~~; ~'~r'~) r-~1['~E~::-, EXHIBIT C Redfish Subdivision AZ-O5-021, PP-O5-021 Conditions of Approval (With deletions and additions in strikeout/underline) ANEXA TION & ZONING COMMENTS 1. The annexation legal description submitted with the application (dated 1-6-05, stamped by Stephen R. Lee, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: . That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc . That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). . That all future uses shall 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. That the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services, or a davcare center with a Conditional Use Permit. . . That the hours of operation shall be limited to 7 a.m. to 7 p.m. 6 a.m. to 10 p.m., unless otherwise modified through a Conditional Use Permit. That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director, unless otherwise modified through a Conditional Use Permit. . SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT 1. Per ACHD requirements, the applicant shall dedicate 23 feet (23 ') of additional right of way and construct a minimum 5' sidewalk along Linder Road, located a minimum of 41 feet (41') from the centerline of the right of way, which ties into the existing sidewalks on the north and south. 2. The applicant shall be required to eliminate Lots 1 and 7, and provide the required 25- foot landscape buffer along N. Linder Road in an easement to benefit the Business Owner's Association. 3. The applicant shall provide an additional six (6) trees within the land use buffer along the east property line and an additional three (3) trees within the land use buffer along the north property line to fulfill this requirement. The applicant has also shown the area within the land use buffers on the east and north as drainage swales for retention of on-site storm water. The applicant shall coordinate the design of these swales and placement of trees within the swales with the City of Meridian Public Works Department. 4. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 5. City sewer and water services are currently available to this site from existing mains in Linder Road. The applicant shall be responsible to construct sewer and 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. Cover over sanitary sewer mains shall be no less than 3 feet from finish grade to the top of the pipe. If cover is less than 3 feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Underground pressurized irrigation shall be provided to all buildable lots, and landscape areas on site. The applicant has indicated that Settlers Irrigation District will own and maintain this system. 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 used, 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. 7. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 8. Other than the one driveway specifically approved by ACHD, no other access to Linder Road is allowed and shall be noted on the final plat. 9. 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 subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 10. Revise the preliminary plat to indicate the means and location of the storm drainage facilities. 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 shall 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. 11. The preliminary plat shows a proposed sewer main routing through a common lot. No large landscaping shall be allowed in the sewer easement. 12. All existing structures shall be removed prior to the City Engineer's signature on final plat. 13. The applicant shall revise the preliminary plat to show the standard City of Meridian 20-foot utility easement for the proposed sewer and water mains. 14. Any domestic wells and/or septic systems appurtenant with the two existing houses within this project shall be removed from 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. 15. The applicant shall establish a Business Owner's Association for the maintenance of the common lots. STANDARD CONDITIONS- PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. 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. 3. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 4. Applicant shal1 be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. 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 from the Public Works Department prior commencing installations. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 9. 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. 10. 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. 11. Prior to signature of the final plat(s) by the City Engineer, 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. that has not been completed. 12. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 13. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 14. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 15. Please submit 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. 16. 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. Plans shall 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. 17. The Applicant shall coordinate mailbox locations with the Meridian Post Offi.ce. 18. 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. 19. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 20. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Ae:encv/DeDartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your Certificate of Zoning Compliance application. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN FIRE DEPARTMENT 1. 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. 2. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers 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. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 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. 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 per Appendix D. 8. The 5 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. 9. The proposed project lies outside the five-minute response zone goaL Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. 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 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. EXHIBIT D Redfish Subdivision AZ-O5-021, PP-O5-021 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 terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." 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; The subject property is currently designated 'Medium Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City recently approved Resolution No. 04-0454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size." In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street Linder Road and is less than 3 acres in size (2.52 acres). According to Resolution No. 04-0454, the subject parcel is eligible for an office use/zone, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: . Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) 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 fìve-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. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed zone, which allows office uses, does contribute to the variety of uses in this area. . Provide for non-exclusive residential zoning that allows for low-impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district (Chapter VII, Goal IV, Objective C, Action 7). The proposed development will be restricted to professional and medical offices uses through a Development Agreement and the recent Comprehensive Plan text amendment. The office uses will have a low-impact on the surrounding properties and will not compromise the integrity of the surrounding residential district. The project will take vehicular access from E. N. Linder Road, an arterial, and will not disrupt the nature or character of the neighborhood. . Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties (Chapter VII, Goal IV, Objective C, Action 2). The applicant will be required to provide land use buffers between the existing single-family residences and the proposed office uses, per Meridian City Code. City Council finds that the proposed L-O zoning designation is harmonious with and in accordance with the Comprehensive Plan and the recent Comprehensive Plan text amendment. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is 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; City Council finds that the proposed professional/medical office development is allowed within the requested L-O zone. The uses of the property will be restricted through a Development Agreement to those uses that are allowed by the Comprehensive Plan text amendment. D. Has there been a change in the area or adjacent areas that 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; There have been no recent street improvements in the area. N. Linder Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. 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. City Council finds that the proposed L-O zoning and subsequent office use proposed with the concurrent preliminary plat is harmonious and appropriate to the intended character of the general vicinity. The applicant shall be required to execute a Development Agreement with the City of Meridian to restrict hours of operation, uses allowed, and the height of the structures. If this development is approved as proposed and restrictions are placed on the property through a Development Agreement, City Council finds that it will not significantly change existing character of the area as noted on the Future Land Use Map in the Comprehensive Plan. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the use of this site for professional office/clinic purposes should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and if the development complies with all development and landscaping ordinances. G. 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; Other urban services, such as water and sewer, are near this site and the applicant should be able to extend such services to the site. 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. On May 13, 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. This project approved at staff level by ACHD on May 3, 2005. City staff has reviewed the report prepared by ACHD and agrees with the recommendations it contains. 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. J. L. 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; The developer will be financing the extension of sewer, water, 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. City Council 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 north Meridian, the resolution of which is beyond the scope of this project. ACHD staff finds that the additional traffic created by the project should not be excessive. 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 entrance into the site from N. Linder Road. If vehicular approaches are approved and constructed in accordance with ACHD policy, City Council finds that the subdivision will not create interference with traffic on the surrounding public streets. 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. 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)? 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: A. The conformance of the subdivision with the Comprehensive Development Plan; See Annexation and Zoning Analysis "A" above. B. 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. 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 a development on this property will not require the expenditure of capital improvement funds. D. 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 Council or Commission's attention; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis.