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HomeMy WebLinkAboutCabella Creek Subdivision AZ-06-014 PP-06-012 RECEIVED JUN 0 1 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER .I City, Ci ' ~ U /. flT'{ ill' ltt '-/Vlerldicrn "wan ffice t. ~f \ . lD.\H() .V c~.. LP' :z'9\ ~.r. "C?!c't"~..It.'A""!.':!"c"'!?-;./.(o/Th,ti "'\ In the Matter of Annexation and Zoning of20.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) AND Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres, for Cabella Creek Subdivision, by A TM Development, LLC. Case No(s).: AZ-06-014 and PP-06-012 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23,2006 incorporated by reference) 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. g67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 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 S II-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-014/ PP-06-012 - PAGE I of4 4. Due consideration has been given to the comment(s) received from the governmerital 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. 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 S II-SA 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 stamped January 24, 2006 by The Land Group, Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. Temporary construction fencing will be installed around the perimeter of the subdivision; 2. That the preferred construction traffic entrance to the development shall be Victory Road and not Mesa Way; and, 3. To provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) I. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-014/ PP-06-012 - PAGE 2 of 4 the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the tennination of the period in accord with II-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as detennined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67 -8003, a denial of a plat or conditional use permit entitles the Owner to 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 of the City of Meridian, pursuant to Idaho Code S 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. Attached: Staff Report for the hearing date of May 23,2006 CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-014/ PP-06-012" PAGE 3 of4 By action of the City Council at its regular meeting held on the JJV)...l... ' 2006. 6 I^- - day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED r VOTED J16J~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED efI ATTEST: 'MY de WEERD i '/;// . ;JJ, // i:'J"N.' /S <"o'w \. 1'''1 P --- --" o. l{~.' ."" t = O.t:t,:;...::'-{l...r~ ::: l':ll _ CErE . .{l() j . ':- ',r. U&r 1%\ ' ;;:: " "/ v.. ~~ " '-, ~7 ~\ " "" c\.-". __ _ 'W'" <, /1'11/ .-~T'{' \,,\\\ ./ /111 IIII v Applicant '1IItl( 1\1\\ V Planning Department ~ Public Works Department --L City Attorney ~~ " .tt "\ " ei" ;;:;. " --. --. I Copy served upon: By:,.hmll/\ ~ ~ ~ City Clerk's Office Dated: Lo- ~ - OLD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-06-014 / PP-06-012 w PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 STAFF REPORT TO: FROM: Hearing Date: 5/23/2006 Mayor & City Council C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 c::JvG;;dicrn -"'1 \,) \' V \..... ID,\HO f ~~J~' /~ .",\ ~,;Y ^';<~((.r;i - 'c Y t.f,y:t ) ~-"'<._~1:<t~C~"t'!'"..c"Y"" c~1 fr~:t SUBJECT: CabeUa Creek Subdivision AZ-06-0 14 Annexation and Zoning of20.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-012 Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres in a proposed R-4 zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, ATM Development, LLC, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 20.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Victory Road and on the east side of Mesa Way, approximately 600 feet west of Locust Grove Road. Currently, there are three single-family homes and associated outbuildings on this site. Two of the existing homes are to remain, the third will be removed. The site has been previously platted as is commonly known as Lots 3, 4, 5 and 6, Block 1, Kachina Estates Subdivision. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Cabella Creek Subdivision (AZ-06-014 and PP-06-012) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approva1. NOTE: At the public hearin!! on April 6th, the applicant inquired about Condition 1.2.3 in Exhibit B. which prohibits draina!!e ponds from bein!! counted towards the open space requirement. In the application the applicant stated that 22% (4.17 acres) ofthe total development was beinl! set aside for common open space (this calculation included the ponds that may be used to store storm drain water.) Between the Commission hearin!! and the Council hearin!! the applicant has submitted revised open space calculations for this development. The revised open space calculations exclude the ponds and the Ten Mile Creek and total approximately 2.5 acres (13%) of the site. This revised open space calculation exceeds the required 5% open space of the UDC for a development of this size. Staff has amended Condition 1.1.2 in Exhibit B to reflect the revised open space requirement for this development. a. Summary of Public Hearing: i. In favor: Eric Cronin (Applicant's Representative), Aaron MeGee (Applicant) 11. In opposition: Aneke Binford, Matt Binford iii. Commenting: None Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 IV. Staff presenting application: C. Caleb Hood v. Other staff cormnenting on application: Mike Cole, Bill Nary b. Key Issues of Discussion by Commission: i. The location of Novara Way and the impact to the existing home - headlights in their windows and mitigating that impact; and, ii. The design and function of the storm drain/amenity ponds. c. Key Commission Changes to Staff Recommendation: i. Amended the Development Agreement proposed for this site by adding a provision stating that the applicant has volunteered to assist the neighbor across Mesa Way from the first entry road (Novara Way) to this development by widening the "V" of their driveway and providing some benning and landscaping in between the enlarged driveway area. See Section 10 below. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-014 and PP-06-0l2 as presented in staff report for the hearing date of May 23,2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-014 and PP-06-012 as presented in the staff report for the hearing date of May 23, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-014 and PP-06-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2955 S. Mesa Way, 3086 S. Mesa Way, 1252 E. Victory Road; north side of Victory Road, approximately 600 feet west of Locust Grove Road /3NIE19 b. Owner: Martin Artis 9292 W. Pandion Court Boise, Idaho 83714 c. Applicant: A TM Development, LLC 660 E. Franklin Road Meridian, Idaho 83642 d. Representative: Eric Cronin, The Land Group, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential with a Multi-Use Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MA Y 23,2006 Pathway g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.16 acres to R-4 and Preliminary Plat approval of 47 single-family buildable lots and 11 common lots. All of the homes within the development are proposed to be single-family detached. AIl of the proposed lots conform to the dimensional standards of the R-4 zone. The average lot size in the proposed development is 10,341 square feet. The gross density of the project is 2.49 dwelling units per acre. Approximately 22% (over 4 acres) of the site is being set aside for open space. The applicant is proposing to construct a multi-use pathway on the south side of the Ten Mile Creek. 1. Date of preliminary plat (attached in Exhibit A): 1/24/06 2. Date of landscape plan (attached in Exhibit A): 03/1/06 h. Applicant's Statement/Justification: In an effort to address City Council, City Planning Staff and the public testimony represented at council and neighborhood meetings, the preliminary plat is presented to you. Please take notice that a 20-foot wide landscape buffer has been incorporated into the layout along Mesa Way. Larger lots have been provided adjacent to Mesa Way that mirror the lot size requirements found in an R-2 zoning designation. We feel that these items, coupled with restrictions on direct lot access to Mesa Way will aid in the transition from the existing 5-acre parcels within the existing Kachina Estates Subdivision (please see Applicant's Submittal Letter fro more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as detennined by City Ordinance. By reason of the provisions ofthe Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 20th and Apri13rd, 2006 (for Planning & Zoning Commission hearing) and April 24(h and May 8th, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: March 15th, 2006 (for Planning & Zoning Commission hearing) and April 21st, 2006 (for City Council hearing) e. Applicant posted notice on site by: March 2ih, 2006 (for Planning & Zoning Commission hearing) and May 6th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family home and some associated outbuildings on this site. Two of the existing homes are to remain, while the northern-most home will be removed from the site. b. Description of Character of Surrounding Area: This area contains four five-acre lots in Kachina Estates Subdivision. These are the first of the lots in Kachina Estates to re-develop in the City. There are existing R-4 and R-8 subdivisions to the north and south. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Salmon Rapids Subdivision, zoned R-4 Cabell a Creek Su bdi vi sion AZ-06-0 14/PP-06-0 12 PAGE 3 CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 2. East: 5-acre single-family lots witrun Kachina Estates Subdivision, zoned RUT (Ada County) 3. South: Single-family lots within Tuscany Village Subdivision, zoned R-8; and Grange HaU, zoned Rl (Ada County) 4. West: 5-acre single-family lots within Kacruna Estates Subdivision, zoned RUT (Ada County) d. History of Previous Actions: Three of the five subject parcels were part of an annexation request in 2005 (MeGee Annexation, AZ-05-048). That application was denied by the City Council, primarily because the request for annexation did not have a concurrent development application (plat), there was concern about transitional densities and the proposed zoning, and it was not in the best interest of the City at that time. e. Existing Constraints and Opportunities: L Public Works: Location of sewer: There is currently sewer in E. Victory Road at the Ascaino Way entrance. Location of water: Water is readily available in E. Victory Road. Issues or concerns: A portion of this site is in a floodplain zone AE. Applicant has submitted a letter from MTI stating that they expect groundwater levels to be within I to 3 feet from the surface. The need for an off-peak pumping station for sewerability. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: The Ten Mile Creek floodway bisects the subject site. A portion oftrus site is within the FEMA lOa-year floodplain Zone AE. A majority oftrus site is in the Zone X. 4. CanalslDitches Irrigation: As noted above the Ten Mile Creek bisects this property. The Ten Mile Creek should remain open and protected through this site. Any open irrigation ditches, laterals and canals, exclusive of the Ten Mile Creek (a natural waterway) should be tiled when this property develops. 5. Hazards: Except for a portion of the site being within the Ten Mile Creekfloodway and floodplain, no hazards have been identified on this site. 6. Proposed Zoning: R-4 (Medium Low-Density Residential) 7. Size of Property: 20.16 acres f. Subdivision Plat Information: 1. Residential Lots: 47 2. Non-residential Lots: 0 3. Total Building Lots: 47 4. Common Lots: 11 5. Other Lots: 0 6. Total Lots: 58 CabelIa Creek Su bdivision AZ-06-0 14/PP-06-0 12 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23,2006 7. Gross Density: g. Landscaping 1. Width of street buffer(s): PerUDC (Table 11-2A-4) a 20-foot wide landscape buffer is required adjacent to collector streets. Victory Road is a classified collector roadway. Street buffers are not required on any of the internal, local streets. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 4.17 acres/22% 2.49 units per acre (net density is 3.07 d.u.lacre) 4. Other landscaping standards: Landscaping adjacent to multiuse pathways should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). See Section 10, Analysis below. h. Amenities: Four acres of open space, parkway strips between the sidewalks and curbs, multi- use pathway, and amenity ponds. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. J. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,000 8,000 k. Proposed and Required Non-Residential: N/A l. Summary of Proposed Streets and/or Access: The existing home to remain on Victory Road currently takes access to Victory. The applicant is proposing to remove this existing access and provide access to all of the dwellings within this development via the existing Mesa Way and the new proposed internal streets. A new public street access with Victory Road is proposed in alignment with Ascaino Avenue on the south side of Victory Road. Two new public street connections to Mesa Way, an existing local street, are also proposed. All of the internal streets are local streets with 33-feet wide street sections (measured back of curb to back of curb) and contain sidewalks that are detached from the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On March 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGES CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 47 single- family lots on 18.84 acres for a gross density of 2.49 dwelling units/acre. Staff finds that the overall density is within the range of a low density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter vn, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. 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. · 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 ac(jacent 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 Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Obj ective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north. In addition, two stub streets are being proposed to the eastern 5-acre parcels that staff anticipates will re-develop in the near future. Staff believes that the applicant has done a nicejob of connecting and extending the existing stub street as well as providingfor fillure connectivity to the east. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a 6:foot tall closed fence along Victory Road and portions of the west and east property lines. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties and Mesa Way. The applicant is also proposing to construct a 1 O:foot wide multi-use pathway on the south side of the Ten Mile Creek. This pathway will connect with adjacent pedestrian connections to the northwest and to the existing pathway in Tuscany to the south. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The existing access to Victory Road, a collector street, should be removed. The new public street connection to Victory Road, has been reviewed and approved by ACHD. City Staff is also supportive of the location of Ascaino Way,' no additional access points to Victory Road should be allowed. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, east and west are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the east and west. Staff finds that the proposed lot sizes provide a good transition between the larger lots to the east and west and the proposed lots within this development. Staffrecommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designationfor this property. Chapter VII, Goal IV, Objective C, Action 10 - 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. The subject application includes a request for the R-4 zone. Salmon Rapids obtained an R-4 zone and Tuscany Village obtained an R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (2.49 d.u. 's/acre) and zoning (R-4) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9, UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Cabella Creek Subdivision AZ-06-014fPP-06-012 PAGES CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 1. A2 Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on February 15,2006 by Hugh W. Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-5B-3.D.2 and Idaho Code 9 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. 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 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 all future development of the subj ect property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. · That the applicant will be responsible for all costs associated with the sewer and water service extension. · That 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. · That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. · That a maximum of 47 single-family building lots will be platted on this property. · That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. · That the applicant will construct a minimum 10-foot wide multi-use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. · That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of any new dwelling units. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 · That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory Road may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Victory Road shall be prohibited. · To mitilmte the potential of li2ht from cars exitin2: this site from enterin2: throu2:h the windows of the neillhbor's house across Mesa Way (Binford property). the applicant has volunteered to. assist the nei2"hbeF (Binford) by 'widenin2" the "U" af their drbeway and providin2 same berminl! and landseapin2: in between the enlar2:ed driveway area, at the developer's expense. provide off-site improvements adiacent to the Binford property to miti2:ate lieht intrusion from car headliehts. Said improvements may include widenin2: the "U" of their (Binford's) drivewav and providin2: bermin2: and landscapin2: on the Binford's property. as allowed bv the Binford's. · That the applicant a2:rees to install temporary construction fencin2 around the perimeter of the subdivision. · That the preferred construction traffic route to/from this development shall be from Victory Road and not Mesa Way. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Right-of-way and Street Buffers: ACHD is requiring the applicant to dedicate 35-feet of right-of-way (measured from the centerline of the street) abutting Victory Road. In accordance with UDC Table 11-2A-4 and UDC 11-3B-7 construct a 20-foot wide landscape buffer along Victory Road, as proposed. Pathways: The applicant is proposing to construct a 1 a-foot wide asphalt pathway along the south side of the Ten Mile Creek. This pathway will tie in with the pathway to the south in and through the Tuscany Development. UDC 11-3B-12C requires a 5-foot wide landscape strip adjacent to multi-use pathways with at least 1 deciduous tree being planted every 35 linear feet (trees may be grouped). Sidewalks and Parkways: The applicant is proposing to construct detached sidewalks with 6-foot wide parkway strips between the curb and sidewalk. UDC 11-3A-17 requires parkways to be at least 8-feet wide and planted with Class II trees. However, the planter width may be reduced to 6' if there are root barriers installed on the trees. The applicant should either construct 8-foot wide parkwavs, or 6-foot wide parkways with root barriers around all trees within the parkway. Landscaping:: The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet Ll.O, Ll.l and Ll.2 is approved with the following modifications/notes: Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 · Construct a 20-foot wide street buffer along Victory Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. · Per UDC 11-3A-17E, construct 8-foot wide parkways, OR 6-foot wide parkways (as proposed currently) with root barriers around all trees within the parkway. · Per UDC 11-3G-3A, set aside 22% (4 acres) of the site for useable open space and provide a 10-foot wide multi-use asphalt pathway within common Lot I, Block 2, and common Lot 4, Block 3, as proposed. · Maintain at least a 5-foot wide landscape strip on both sides of the proposed multi-use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. · Per UDC I 1-3G-3El, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. · Per UDC 11-3B-IO, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. · A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Access: Access to this site is currently provided from Victory Road and Mesa Way. Except for the proposed public street, Ascaino Way, direct lot access to Victory Road should be prohibited; place a note on the final plat. Existing: Residences/Buildings: The site currently contains multiple buildings. Because the existing structure on the north part of the development spans across proposed lot lines, tlus building shall be removed or relocated, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6-foot solid fencing alongportions of the south, east and west property lines. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /multi- use fencing shall be designed according to ODC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the CabeUa Creek Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems Cabel1a Creek Subdivision AZ-06-014/PP-06-012 PAGE 1] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 be supplied by a year-round source of water. The applicant should be required to use 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC ll-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subiect applications AZ-06- 014 and PP-06-0] 2, with the conditions listed in Exhibit B of the Staff Report for the hearing date of April 6, 2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 1-24-06) 2. Landscape Plan (dated: 3-1-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Cabell a Creek Subdivision AZ-06-0 14/PP-06-0 12 PAGE [2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23,2006 A. Drawings 1. Preliminary Plat (dated: 1-24-06) II OHVal~'N\ilal~V1 .....~j- Illl NOIS.. 1^IOsns. >I33C1:J \fl138V:J . "I. . .Lf100\fl3l[S~J.\I1d ).:~:I'vNJWn::!~d ;, "...J !' Of .. .~\(<. t.:1 h ~ Hi! ~ J ,,=,,, 0 Ittt<.~j~ IH~ t 1! !>~[iq;;d g~~P ~ J i ~ ~i f~ i~ i f I ~ ~ u ~ rJ i 11 : I ~} i IlfI1!(i ~ddgd c ~ t!~ 0 r......t11 tL . ... r: I ) : I ~ h ! P ~I n I "II, nnHH~ ; 1IIIli lzlin~i ~ 9- ~ ~A ~~ ~~ ;:3~ o;~m ~~~ I->~O ~g~~i i~~til ~iliM _w~~!.i 55~d ~"'~~; ll.j.w 1M .';' ~~? 'SP ~~i 6; n ~ < ~ ~ . ~ , oI-.v"W1"':i. ...<<"".........-...~""".f........_ ........_... Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Landscape Plan (dated 3-1-06) Oljapl 'UElJpjJlll>'( uerd ad~spu~lleld AJBU!W![BJd >I33e!O Vl138VO r^'':::) f'" ~ ~... "'\1 ,~lJ A.~r i t..~-~ .~ . i-''J~ i.!J ~~ ~ C . "i'O,'; ,,9 t .. c' ."''''.{v ~l A~{ ~.:;~."5' ~ ~... ~(;.;~ 2! ! ~,~.y II=i . . a.. S! 2 01 I rB ~ i J ( , I' , I , l!l l ~ - ~ ~rn 1lS I ~ IJ !I f ~ ~ itf I, J t " If 11- I I' 'I 51 Y I I I I. ~II il I~I Iii [I! ~I ~ III ~ I I ,'I III , Inl filII f 2 1j III' Ii In 1 ~I'II~ !l~ "l.ul If m~lI!I~I~I!I:!t N i If,rff~ i~! II i! i! ;1! 11 .. li.!ff!l: i frj n ~Il I'! Ill! III ~i ~ld IIlllm I'lil:. '...:... , il f IIf '~, . ill IIf f ~..,~ 111~lIlf' If~l. ~~ ~Dyt ~ Jili jiillH Illi;; - !1.1I IIi ;111 ':""- - !Ill ill fill Z fI" t .!! II' m:U!I:I!i~I!:i... Exhibit A ~ Page 2 ~ ;' 9 u ~ I. I ,! I I! · Of 'I ~ III i~ 1'111 II 1.lljfll !111 1!lflllllil f 1l.1I11.11nl.IIH ltl! illl [l1Il j ! i F-L ,J If I . t' f i ~f .[ ;;1' i! fl:.1 ,. 'I ~ III h Ii ) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 DljllPl 'UIIIl>!Jllj'" UEld adeospul:!1ll'ljd NEU!WUaJd )t33tl::> Vl13a\t8 filllll~IJI rf~lfll I r:ratL 11'l-! I tf ff~r. "": ..... ....l , ~~-// ,J ,~ ; ,-- ')1,' }t . ( Oii II / q" ~ ~ l ii;" It .I . . ,.[,;! / ".., /l.l~ l( .)'-'<'~I I' .. I /~. (i)! t / i i 1/ / !J.i!i ::-"'1( j{l qE~ f ,../. ': Fli,Olli ././ ? rd'~) ..- .~, > . i i i i 6::- -j--- [ ! ---r,--- ... I j "~ j r;1 ~~ II ~~ ; ~ = I . I I I . . . ~------ :'1 --...~r~.----- .; .: " : ~ c :"" t ~... l, ~.~ ~~ fl\". I o. be, ~. '~:;- j' "';' I I : - \ \ I t ! i I ~ Exhibit A - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A - Page 4 04ePI 'Ulljp!Jill'l uerd adeospU131lBjd NeUIWU8Jd >l33~Q 'o'l138VQ Ilimlll !lrf]II.!I.~ fIlII.l ~~n l!'l I ~~t l! C"! :i I I \ \ \. / CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-0 12) 1.1.1 The preliminary plat labeled as P1.0, prepared by The Land Group, Inc., dated January 24,2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-014) application shall also be considered conditions of the Preliminary Plat (PP-06-012). 1.1.2 The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, L1.1 and Ll.2 is approved with the following modifications/notes: · Construct a 20-foot wide street buffer along Victory Road, exclusive of ACHD right-of-way. Said buffer shall be constructed in accordance with UDC 11-3B-7. · Per UDC 11-3A-17E, construct 8-foot wide parkways, OR 6-foot wide parkways (as proposed currently) with root barriers around all trees within the parkway strip. · Per UDC 11-3G-3A, set aside 22% (1 acres) 13% (2.5 acres) of the site for useable open space and provide a 10-foot wide multi-use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. · Maintain at least a 5-foot wide landscape strip on both sides of the proposed multi-use pathway on Lot I, Block 2, and Lot 4, Block 3, and construct trees at a rate of I tree per ever 35 linear feet. · Per UDC ll-3G-3EI, at least one deciduous shade tree per every 8,000 square feet of common open space shall be planted, and common areas shall be improved with lawn, either seed or sod. · Per UDC ll-3B-IO, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shaH apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Place a note on the face of the final plat that prohibits direct lot access to Victory Road. 1.1.4 Remove the existing structure on the north part of the development that spans across the proposed lot lines for Lots 2 and 3, Block 2. All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.5 A detailed fencing plan shall be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC ll-3A-7. Exhibit B - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 1.1.6 Maintenance of all common areas shall be the responsibility of the Ca bella Creek Home Owners' Association. 1.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 Underground, pressurized irrigation must be provided to a1110ts within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-012) 1.2.1 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(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to tlllS development is being proposed via extension of mains in Victory Road. Since this would cause the property to flow out of shed the applicant shall do one of two options. · The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent Exhibit B - Page 2 CITY OF MERID[AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY [9,2006 sources, then this condition may be rescinded by the City Engineer, · Install a temporary lift station that discharges to the sewer mains located in Locust Grove Road. The design shall be coordinated with the Public Works. 2.2 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Victory Road. The applicant shall be responsible to install water mains to and through tIns development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 As part of the City of Meridian's "to and through" policy, the applicant shall install water mains in S. Mesa Way along their frontage. This is needed for redundancy of the water system. 2.5 The preliminary plat shows a portion of Lots 26, 27, and 28 being encumbered by the AE floodplain. The applicant shall revise the lots to ensure aU buildable lots are out of the AE floodplain. Or, file for a LOMAR with FEMA to remove the floodplain. Or, add a note on the final plat referencing the floodplain map and those Lots will have to file elevation certifications. 2.6 No water valves or manholes will be allowed in the landscape islands. If water or sewer mains are to be routed under the landscape islands then no trees shall be allowed in them. 2.7 The applicant shall submit an updated groundwater report concurrent with final plat submittal. If the groundwater report indicates groundwater as shallow as MTI's letter indicates a grading and drainage plan will be required, the details of which will be decided at final plat submittal and be required prior to construction plan approval. 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase oftrus project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use 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 will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer, 2.1 0 The applicant shall be responsible for the payment of assessments and the actual physical hook- up to the houses that are going to be retained on site to municipal services. 2.11 All existing structures that do not meet setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 2.13 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.14 Any existing domestic wells and/or septic systems 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. 2.15 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 UDC 11-3A-6. 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, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.16 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. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 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. 2.20 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. 2.2] Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. TIns is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.26 One hundred watt, high-pressure sodium streetlights shall 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 to commencing installations. 3. Fire Department Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 3.1 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 feet apart. International Fire Code Appendix C. 3.2 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. 3.3 Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fInish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 3.10 Operational fIre hydrants, temporary or permanent street signs and access roads with an aU weather surface are required before combustible construction is brought on site. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Yz the diagonal measurement of the full development. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 The fire department requests that any future signalization installed as the result of the development of this proj ect be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. Police Department 4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Provide a driveable surface to each of the common amenity pond areas. Coordinate the design of these areas with the Meridian Police Department, Lt. Bob Stowe. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed III accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Soecific Conditions of Aooroval 7.1.1 Construct East Victory Road as one half of a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 35-feet of right-of-way with parking prohibited on both sides. 7.1.2 Dedicate 35-feet of right-of-way from centerline of East Victory Road, abutting the site. 7.1.3 Locate and align South Ascaino Way, where it intersects East Victory Road, with South Ascaino Avenue located approximately In-feet west of the southeast property line. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 7.1.4 Provide ACHD with the plans for the bridge crossing (South Ascnaio Way) of the Ten Mile Creek for review and approval. 7.1.5 Construct South Mesa Way as one half of a 36-foot street section with curb, gutter and sidewalk within 25-feet of right-of-way from centerline, where it abuts the site. 7.1.6 Construct the internal streets as 34-foot street sections within 50-feet of Right-of-Way, as proposed, complete with curb, gutter, planter boxes and 5-foot detached sidewalk. 7.1.7 Construct the three islands, one turnaround and a knuckle as proposed. 7.1.8 Construct the three stub streets as proposed: o Construct a stub street to the north, South Ascaino Way, located approximately 560-feet east of the northproperty line (measured property line to centerline). This stub street shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to the north of this site. o Construct a stub street to the east, East Loggers Pass Street, located approximately 125- feet south of the north property line (measured property line to centerline). o Construct a stub street to the east, East Sagemoor Street, located approximately 500-feet south of the north property line (measured property line to centerline). 7.1.9 Other than the access specifically approved with this application, direct lot access to East Victory Road is prohibited and shall be noted on the final plat. 7.] .10 Comply with all Standard Conditions of Approval. Standard Conditions of Aooroval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Rep]ace 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. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 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 Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF JANUARY 19,2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 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. 7.2.12 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. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE Of JANUARY 19,2006 C. Legal Description l:'-~ ",--... ~/.'~ ;;C I~.J~ nJe L\.ND GRQUl', INC. Fchro:uy 10, 2006 Project No.2700 'pARCEL "A~1" Legal. Dc.>wption (n belL'! Creek S\lbdivision j,\ oncxntion & Re2;one Are~ ]rUG Aertr. /\ tract of lmd for :Ulnc:x~tion and rezone pnlposes, being Lots 3, 4, 5 !lnd 6, Block 1, I<.llrhina Estates (a recorded subdivision on file in Book 35 ofPlat~, at Pages 3016 and 3017, w:otds ofAdll.County, Idll.bo), and :l portion of the Southeast One Quarrer of Section 19, rl,wnship 3 Notch, Range 1 Rut, Boise Meridian, A(b County, Idaho, described liS follows: tommendng at 5/8.io<:11 steel pin r:nonumcnting the Southe.1Sl Comer of said Section 19 00 [l!e centerline ofE, Victory Road, th~.nce following die southerly line of said Seeti.on 19 :Iud 'aid centedllle,Souch 89"'42'13" West II disrancc of626.18 fcci: to the POiNT OF BEGll-.'NING; Thcnecfollowing the southerly line of said Section 19 and said t:cntc.s:line, Soutli 89"42'13" WeM :l distance of 945.20 feet to 1I point on the centerlinc of Mcsa Way; Thence1caving said scmtherly lUle and said centerline. and following thc centerline of sa.id M~sll. WllY, Notth 00"17'47" West II disl.lmcc of o64,SH feet to II point; '11u:'I1ce 9:).92 fcer following the nrc of a drcu1u: curvc to the right, said curve h.wlng a tildiU5 of 135.38 feet, :I. central img,1e of 39"45'01", II chord beating of North 19"34'43."F..nst and a chord distance of 9205 feet kl a point; TIlenee North 39"27'14" lJ,g,st a dismnec of 261.17 fect to a point; 'l1lenCe 57.88 feet following the :u:c of a circular cutVC to the left, said curve having a rndlusof75.QO feet, a central :lngle of 44"13'10". II chord bearing of North 17"20'39" ElISllUld a chord dist;Jnce of 56.46 feet to a point on the northerly linc of sit.idI..ot Ii extended wcstedy to said centerline; Thence 1c.'1.\;.Jng said centerline artd following the northedy line of sllid Lot 6 South 89"24'071' East a distam:e of 622.03 feet tc;> a point trwfinJuencing the Northeast Comer of said. LOIO; lb.encl:lcOlv\og sllid northerly line ;md following the easterly line of said Lot 6, SoutkOOQZO'54" East It disL1.11Ce of 305.73 feet to n lIZ-steel pin lllonutncnting dv: Southeast Comer of said Lot 6; Thence leaving said L>;lstecly line and fo!lo-wing the northerly line of said Lot 3, , '/.ruid,t;;'{-;N ~~1rf.!;J/l~h.tl .. C~f'</ l~Ntnf'-r.t..i:. . (';~i~'~~ (J;'N"":i.' T,,",J,-;:.~"!:i'!r (:'~, 1~1;~tl!-,,-n<1.. . ("f".JptJJ.: C~\'f1H/j:!:i,'diIJN .. .\r;!""..-"'i/,"'V .sh~Jtt 1Jnvc1-$tc. V'U..L;ljJh~ ld:dHJ ~Hi-l6 If- P '?f),s.~lJ'JAirl1.r 20l),ln9A 101_1- \\"-"'".;\l:otud:Ultl1-~lU\lflirH,f(tn\ 'X'\rH'~i,~('-, \I;i" ;b.~~~ .I"}.~t",,}\3-{f(lc _ Uln:nc I c..~"; ile o_..\mk";;. 1k{ ~H;-:.lH. Exhibit C - Page I CITY OF MERIDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF JANUARY ]9,2006 Exhibit C - Page 2 febru;u:y 10,2006 Page 2 of 2 NQtth 89Q38'37" E1I5t a dismuce of 106A6 feet to It 1/2-sted pin monumenting the NortheRst Comer of said Lot 3; Thence leaving said northerly liue 1I.nd following the castedy line of said Lot 3, South 00023'17" East It diswnce of 690.42 feet to the POINT OF BEGINNING. The above.descdbed tract oEland contains 20.16 Acres, lUore 01: less, subject to all existing CJScmcnts and righls-ofway. .'\ttacbed hereto is Exhibit I!A_2" and by th~~ reference is made a pan hereof. Prepared By: THE LAND GROUP. INC. 162 E. Shore Drive, Suite 100 [;.l[\le, Idaho 83616 20t\939.40'~1 ;W8-939-4445 (FAX) \,'i'< 6~~~J?XAb~ FEB 1 7 2006 .,<IUIAN PUBliC ".f,lf hKS OEPT , -- ( J";;;/U{!'< ~ ^!~"/.l:('~'{.-'~n "f. '~';";/ ; ~ ~"_~;!l,';'rfr':;} " <';'c;.tr l../J;:"'Si r.liJ~;,"!;:.It i!.--;' Efi:;!I~~~'~--I'j,~ . (-ty,J!if<; C'JJ:j;J,7U:!.'~i:i 'I f; _ \ ,~.T'i-,' d \ r Sh')H Lh~\ C", Sti:' [i,,"i\ Li~i'~h>. (i.bJ~(} ~f{<~(, t (~ ~ i~ "::1I~,~1.1qAf~.t I I" ~rlH (n~).-I+-!) . \\"\I,.<\,,.dJl:bfidgr~~'lpillc("'~ '11' . CITY OF MERfDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 \ ~ /-- "~- " .~ / '" " .~;:~}/' ~ '<<t ~", l;; (1'''4''"" ~ '-_.~,_,-1.__.._._._.._.._.._,._.._"... f jlr,[I; c'.I' "~I 'Ja,.." f~=)~' ';'1 ~ ~-fJ;~"! '~'I:'l!;il. ill ""*' 1.",~ i= &;,!ti E'-' '""j~,1 "" j:t=1 ~I<fisj~'.' f'-i~ ~,iA ~.'IWJ"'I'". '0, ~., '" )8,-,_1 /., J~ ~jB!I,1 lit: "'1-' f~!~,.I:'I! II~I~.~J I.JjJ;~1 SO((2(j't4"( Exhibit C - Page 3 ~I f61 /, . ,'\. i :-\1 :.-~~:! D ! '.\.. ! ~ " '-,,\ j Z .""" i ~ j '",' 1 i':', j :5 J '-,\i ~ .','-! "- I' '.',' j III ','" ; m I ,~ ~ ill i . ',,8 Ili - "-g' - --- - - -,-- .. - -'[ ~~.~ ~ w ~ j ~.~~.~ ~ ~ It v f ~1J';or ~ I ~ _~ j ~ . ~:~ g o -H) ,~".k1':;) ~ ~ !~'~j fo- o ;t.)~ <; j ''',:. ! N rf ~ ~~ ! ~ ~ I t ~~ f "\" j '-, - .~ "'~, - ---1 "'; ,", '" " ,"'-, ~ . '''I r-[ ! l I &: i j ! i j 1:2 ~ w~ !g ~ ~ s~ '='5<gd~ 1=13 U1';P~1='''' i1i15;:;; ~~~,::"~~~~~~ !l.l~<.'>"'--<::''''::JJ.i5....", ;;;:i:Ji:"'-a:: 01"'-0 !fL>~~!f~B!!:~~~ 6::;!fi! i5 ~8frlE""oJ:< u..tJ_li...rtl.L..-v)~<<w 2$'<\1 w <:) Ui -I I !I j~,.! If' , , I 'i · · 0 I f'.'~. II . :~.I II Il~ 7t. --<It-~ ~I! f!, o .. h ~~, -' kU r-- ..,,,, ~.:6 ~;2 z 305.73' I \ I I 1 I ! \ r'--"'- *- w 1- o ...I I I ( I I I ~ a ~ ffi z 8 lX ~ ~ (J w, s. w i.....'._..~~~.~.:f9..~tslJe ~( .lInS9~ 3.6~j#:OON"'''''''.'''. . ~~--- ~ml.i.uo~D..lSfI.:J07:;'- . 0'. OJ (\f' c': ~ g,\,. :>I o ..J ,lv'OS9 3 L I ttoos (>) I- o .J It) I- o ..J ,., '" '" ~ B , :~ ~~ ~ ~ .~.."' g;i;1;f - "" a.-[jt:i :;l f,;2' ~41~~ ('J~"'2' 01~; Z,5\0 5~~I lUll ,,:>1 _1:0_ ~U~ t!'.J2 ~ND, ., r z o w- Z~ O~ , NQ NWm <t!l::;l . <<ICI) I-zl( mOW --UJ :rl-a: X<l:o w~<; 2;- z...l <~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions ofthe comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development ofthis property will comply with the established reguLations and purpose statement of the R-4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logicaL expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the Citv. if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Ex.hibit D - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to detennine tIns finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detaiL) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Ten Mile Creek is a natural, scenic feature that should be preserved when this property develops. Council is unaware of any other natural, scenic or historic features on this site. Therefore, if the Ten Mile Creek is protected and enhanced, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D - Page 2