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HomeMy WebLinkAboutSouthwick Subdivision AZ-06-019 PP-06-018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ./ T1-t;/~f' ~ DU; t IIye fidi ,1ft I . .. --- ,--.,f - 817dialt "-;-l~ ',- -'\i ',;., Ll.\I-W' jY \'~ I"~ --'~;'~""f_"!"'L',, b'!'Y _...~~;;:;';"- l'r "" . .nthe Matter of Annexation and Zoning of 10.59 acres from RUT (Ada County) to R-4 (Medium T ,ow-Density Residential), AND Preliminary Plat approval of 26 single-family .> resIdential building lots and 7 common lots on 10.59 acres, by Gemstar Development. Case No(s). AZ-06-019, PP-06-018 For the City Council Hearing Date of: August 22, 2006 (Findings on September 12, 2006 - City Council agenda) - A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see aUul,;hed Staff Report for the hearing date of August 22, 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.e. 967-6503). 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 uf Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan ofthe 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 9 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-019, PP-06-018 .. ." -.... -----~------------~.~-----_.._-~-......----- .-. ,--.........----.",_.-,----.-- ~~ ~ ,.- 4. Due consideration has been given to the comment(s) received from the govenunental 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 hy 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 StatIReport for the hearing date of August 22, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a conditiun uf approval of the application. e. Decision and Order Pursuant to the City Council's' authority as provided in Meridian City Code 9 11-5A 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 revised Preliminary Plat dated July 19,2006 is hereby l,;unditiunally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 22, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combineu preliminary llllU 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 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 termination of the period in accord with 11-6B- 7.A, the Director may authorizc a single cxtcnsion of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved hy 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 CITY OF MERIDIAN FINDINGS or rACT, CONCLUSIONS or LAW AND DECISION & ORDER CASE NO(S). AZ-06-019, PP-06-018 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 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or l,;unditiunal 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 conecming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2.. Please take notice that this is a final action of the governing body of the City of Mt:ridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. -. F. Attached: Staff Report for the hearing date of August 22,2006 CITY OF MERIDIAN FINDINGS OF I' ACT, CONCLUSIONS Of' LAW AND DECISION & ORDER CASE NO(S). AZ-06-019, PP-06-018 By action ofthe City Council at its regular meeting held on the I z, -I'!::- day of el6".,1e: ~-, 2006. 7TJ: -- COUNCIL MEMBER SHAUN WARDLE VOTED~^- COUNCIL MEMBER JOE BORTON VOTED ~~-r- COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYORTAMMYdeWEERD (TIE BREAKER) VOTED ~ A~~ Attest: q,V~ ~, '~ . [".,I'"iO!....:..........,,.l.,....A William G. Berg, JI., City Cle '~, _ ':f:;)... _ <t::.o j: '<. '() '.,-<I;(fIS"'1, '/' '~ ,.;;: ",............., '"'.~ 1"", "'---",",,".~.~...-'.---"~ <~),...... ...~,. "'" '''~:)<( iNr-f ' \".,.-;;-,,' Copy served upon Applicant, The Planni~g' Departmeilt; Public Works Department and City Attorney. By: 1tL01~~u-' tity Clerk Dated: q .., '3 -OlD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-06-019, PP-06-018 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF AUGUST 22, 2006 STAFF REPORT Hearing Date: 8/22/2006 (Findings approved on 9/12/06, reflect 8/22/06 hearing) Mayor & City Council .' ~,~;}J:rl cUe;ldl;:~h "~ . TO: \, " Ll,\/IC'( "'(?'f;:"""'M '. . ,,","",./ - ,~/j-" -......~.4 Jh'l'.~.;i ,.'1 \. :.,:'-.~ ,_ ~-~ FROM: Josh WilsonlJ enny Veatch Assul,;iale City Planner 884-5533 SUBJECT: Southwick Subdivision · AZ-06.0 19 Annexation and Zoning of 10.59 acres from RUT (Ada County) to R-4 zone . PP~06-0l8 Preliminary Plat of26 single-family building lots and 7 common lots on 10.59 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gemstar Development, LLC, has applied for Annexation and Zoning (AZ) of 10.59 acres from RUT (Ada County) to RA (Medium-Low Density Residential) and Preliminary Plat approval of 26 single family residential lots and 7 common lots on 10.59 acres. The site is located cast of Linder Road and south of Ustick Road, at 1255 West Ustick Road. This site currently contains one home which is proposed to remain. 2. SUMMARY RECOMMENDATION 'ltpQR .^~CHD af'flreval, Staff reconunends approval of AZ-06-0l9 and PP.06-0l8 for Southwick Subdivision as presented in the staff report for the hearing date of August 22, 2006 based on the Findings of Fact as listed in Exhibit D and subj ect to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings eonsistent with this recommendation. The Meridian Planning and Zoning Commission heard the item on May 4, 2006. At the public hearing they moved to reeommend approval. At the City Council hearing of June 27, 2006 thc project was continued so that inlages of the proposed flag lots could be provided. On August 8, 2006 at the City Council hearing, the applicant brought a revised preliminary plat that eliminated the flag lots and reduced the total number of residential lots from 42 to 26, making the gross density 2.43 dwelling units/acre. There was discussion regarding the appropriateness of R-8 or RA zoning and the impact of a step down on surrounding property and uses. Staff had not had time to rcview the revised preliminary plat. The hearing was continued to Augusl 22, 2006 to give staff time to review the changes and evaluate the revised plat for compliance with R-4 zoning standards and requirements. Staff has updated the Staff Report to reflect the changes made (changes are in bold). On AU2ust 22. 2006 the City Council approved the subiect applications. a. Summary of Public Hearing: i. In favor: Shawn Nickel (Applicant Representative) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: Southwick Subdivision AZ-06-019, PP-06-018 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFP REPORT FOR THE HEARING DATE OF AUGUST 22,2006 i. Common driveway and house orientation c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None ' 3. PROPOSED MOTIONS Approval (All Applications) After considering all staff, applicant and public testimony, I move to approve Pile Numbers AZ. 06-019 and PP-06-018 as presented in the statI report for the hearing date of August 22, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial (All Applications) After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 019 and PP-06-003 as presented in the staff report for the hearing date of August 22, 2006, (add any proposed modifications.) Continue (All Applications) . I move to continue the public hearing for File Numbers AZ.06-019 and PP-06~OI8 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Linder Road and south of Us tick Road! 1255 W Ustick Road Seetion 36, T4N Rl W b. Owners: CR Kellogg 600 Swan Palls Road Kuna, ill 83634 John Kellogg 1255 W. Ustick Road Meridian, ill 83642 c. Applicant: Gemstar Development, LLC 228 E. Plaza Drive, Suite I Eagle, ill 83616 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of revised Preliminary Plat (attached as Exhibit AI): Febrni3:r)' g July 19, 2006 2. Date of Landscape Plan (attached as Exhibit A2): February 15, 2006 5. PROCESS FACTS Southwick Subdivision AZ-06-019, PP-06-018 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or AUGUST 22, 200G a. The subject application will in fact constitute an annexation and/or rezone 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 ou this matter. b. The subject application will in fact constitute a preliminary plat as determined, by City Ordinance. By reason of the provisions of the Mt:ridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. e. Newspaper notifications publisht:d on: Apri13 and April 17, 2006 (for P & Z Commission hearing) and June 5 and JWle 19, 2006 (for City COWlcil hearing). d. Radius llotil:es mailed to properties within 300 feet on: March 24, 2006 (for P & Z Commission hearing) and June 2,2006 (for City COWlcil hearing). e. Applicant posted notice on site by: April 1 0, 2005 (for P & Z Commission hearing) and June 15,2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Existing home and vacant land b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, much of which has been recently approved for residential developments, including Crossfield Subdivision to the east which was approved for 245 single family homes. c. Adjacent Land Use and Zoning 1. North: Rural residences, zoned RUT. 2. EaRt: Crossfield Subdivision, zoned R-8.. 3. South: Meridian Park Subdivision No.1, zoned R-4. 4. West: Rural residences, zoned RUT. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public W orh Location of sewer: Existing mains in Ustick Road. Location of water: Existing mains in Ustick Road t the north, as well as a stub from NW. 13th Street to the south Issues or concerns: A portion of this site is in an AE Hood zone. 2. Vegetation: Existing mature trees around existing house. 3. Flood plain: 100 year floodplain on southern portion of property 4. Canals/Ditches/Irrigation: Creason Lateral on southern. portion of property. 5. Hazards: None. 6. Proposed Zoning: R-& R-4 7. Size of Property: 10.59 acres f. Subdivision Plat Information 1. Residential Lots: ~ 26 2. Non-residential Lots: 0 Southwick Subdivision AZ-06-019, PP-06-018 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006 3. Total Building Lots: 42, 26 4. Common Lots: e 7 5. Other Lots: N/A 6. Total Lots: 48- 33 7. Open Lots: e 7 8. Residential Area: 10.59 acres 9. Gross Density: ~ 2.43 units per acre (~net density) g. Landscaping 1. Width of street buffer(s): Ustick Road is classified as au artt:rial roadway and a 25. foot street buffer is required. Street buffers are not required on any internal, local streets. 2. Width ofbuffer(s) between land uses: N/A 3. Perceutagt: ufsitt: as upro spact:: ~ O.73acres/~6.81 % (common area) Q..;.;9 0.57 acres/~ 5.33% (useable open space) 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the &-8- R-4 zone for detached single family Front (Living area) Front (Garage) Sidt: R -4 Standard 15 feet 20 feet 5 feet Rear 15 feet 35 feet 8.000 square feet 60 feet Max. Building Height Min. Lot Size Min. Street Frontage 1. Summary of Propust:d Streets and/or Acct:ss (private, publie, common drive, etc.): Access to the development will be from a new roadway connection to Ustick Road (Southwick Way) and from proposed extensions of Stanhope Street from Crossfield Subdivision to the east and NW 13th Street from Meridian Park Subdivision to the south. The applicant has also proposed to provide a stub street (Melwood Street) to the undeveloped parcel to the west. Please see ACHD report for details. 7. COMMENTS MEETING On March 31, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Southwick Subdivision AZ-06-019, PP-06-018 PAGE 4 CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or AUGUST 22,2006 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities of three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 26 single-family lots on 10.59 acres for a gross density of 2.43 dwelling units/acre. The City of Meridian Future Land Use Map Notes states: . In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However. the density can only be changed one "step" (i e, low to medium, not low to high, etc.). Staff finds that the proposed R-4 development is in general compliance with the Comprehensive Plan and the density of the development will have a lesser impact on the surrounding area. The following . Comprehensive Plan policies apply to this application: · Chapter VII, Goal III, Objective A, Action I - 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 Sherif}'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 Libraty District should suffer no revenue luss 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 VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed residential properties to the south and east are cnmpatihle with the prnpmed development. · 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. Southwick Subdivision AZ-06-0 19, PP-06-0l8 nTY OF MERlnTAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22, 2006 The subject application includes a request for the R-4 zone. Stafffinds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designatiunjor this site, · Require street connections between suhdiviRions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Two stub streets have been provided to the undeveloped parcel to the west and connections have been proposed to the stub streets from the south and east. (See ACHD report for details). .9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A.2 lists single~family developments as a Pennitted Use. b, Purpose Statement of Zone: 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 distrids. 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. 10. ANALYSIS a. Analysis of Pacts Leading to StaffRceommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with tht: Zuning Ordinance, staff fmds that the proposed R-4 development will have a lesser impact on the surrounding area and that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of facts and findings. The aIllH:~xatiun legal description submitted with the application (prepar€la on Feomary 11 revised September 7, 2006,2006 by Terry Peugh, PLS) shows the property as eontiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. 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 all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 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. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. Southwick Subdivision AZ-06-019, PP-06-018b PAGE 6 nTY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006 1. Landscaped Open Soace; The applicant is proposing to set aside. 73 acres (6.81 % of the property) for open space and staff is supportive of the design. The applicant has proposed 8-foot parkways with street trees along the inkmal roadways, which are eligible to be included in the open space calculation per UDC 11-3G~3. 2. Existill!:! Home Access to Ustick Road: The existing home shall be required to take access from an internal roadway within the subdivision and the existing access to Ustick Ruad shall be abandoned. A note shall be added to the face of the plat which prohibits direct lot access to Ustick Road. 3. Pressure Irri!!ation: The City of Meridian requires that pressurized irrigation systems be supplied by a yearpround source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection t6 the culinary water system shall be required. If a single-point connection is utilized, the developcr will be responsible for the payment of assessments for the common areas prior to signature on the final 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 11-3A-15 and MCC 9-1-28. 4. Fencing;: The applicant has submitted a detailed fencing plan (on the landscape plan dated February 15, 2006) with the preliminary plat application for the subdivision. The applicant has proposed a 5-foot solid fence along the north boundary of the existing home and has not proposed perimeter fencing for the development. Any perimeter feneing must bc completed prior to issuance of building pennits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be. installed in accordance with UDC 11-3A-7. 5. Common Areas: Maintenance of all common areas shall be the responsibility of the Southwick Home Owm:rs' Association. 6. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditcheR, lateralR or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Up0R .^"cHD apfJre~:al, Staff recommends aooroval of AZ-06-0 19 and PP-06- 018 for Southwick Subdivision as presented in the staff report for the hearing date of August 22, 2006 bast:u on tht: Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. On May 4. 2006 the Planning and Zoning Commission voted to recommend approval of the subject application with the conditions listed in Exhibit B of the Staff Report. At the City Council hearing of June 27,2006 the project was continued so that images of the proposed flag lots could be provided. On August 8, 2006 at the City Council hearing, the applicant brought a revised preliminary plat that eliminated the flag lots and reduced the total number of residential lots from 42 to 26, making the gross density 2.43 dwelling units/acre. There was discussion regarding the appropriateness of R-8 or R-4 zoning and the impact of a step down on surrounding property and uses. Staff had not had time to review the revised preliminary plat. The hearing was continued to August 22, 2006 to give staff time to review the changes and evaluate the revised plat for compliance with R-4 zoning standards and requirements. Staff has updated the Staff Report to reflect the changes made (changes are in bold). On AU2ust 22.2006 the City Council approved the subiect applications. Southwick Subdivision AZ-06-019, PP-06-018 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: Ftlan:liH)' 8 revised .July 19, 2006) 2. Landscape Plan (dated: February 15, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fin;: Dt:partment 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Lt:gal Description D. Required Findings from Zoning Ordinance Southwick Subdivision AZ-06-019, PP.06.018 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006 A. Drawings 1. Preliminary Plat (dated: revised July 19,2006) , ~i II /j Iii .1, rl ~I' , :I'~ ['f/' - ' ~ I I ~ i' ;:" . \ ,lr,1!t':~..0t1., ,,('N::;l;; l'.1(.rj :j'r(!'f-. '"'I.J:.>to:.> i' r ,Hi D~E, CONfLl~ " , " I : 2J: 2 FT ,,,,\, " fl 'll~'m ", ~;~2 L.oT .~,.'::..'~-' -I- I /'-'- -, ----,,,,,,------- /' (.. FE"'I"E "'MlI,,:>.ID~~ ( /1-'E1(INST.1>,l(lillCJ4/fR I E'-lCROACHES, II\I'FC. I ,,";;{T LOT ~ I 1,-- L. -~--~ -~- - .~--~I '-' ;--j'\", // --,--- --~,~-j Z ! I ,/ --._-~~~\O~ /0. O~:.,oJ.\"' / ~~,,~~ I .. <,,~ ~\" / (~- ; ~ , ; ;' --I- _ ! ~ , "i I; i~ e 8 0) z~ :i~/ 8 :..~~~,-~"Z~--~ -~TH~ ,-Wi,'r,"'"":-=:::l~~__, ' -:';":'::':M e e "1 f -e e " ::: ;' ; - N 1 f - .~~ ~.~ o "" @,~ i ~@ ....1.t>'j: /;. 5 r~ : "~'-it ! :;'~'~)r~r~~l I, I, /\._.,-,.'~. ~: :!r.~ ::" ~ 2 ;,,' ',', r ~ ~ .) -'" , i' : : ./ ~ , , , . 'iji,,~J l~lb,~~~~J~=:, l~~ ~f1 \;--L:.s(/ 0 ~,,-- '''''-~ /".- -,,:o"W ,,~~\} /' <;'v-O~",<:..- \/ ~~ 1..- ~J ~"- V ~~ , , \ 7~/ L. I~ i~;-J'J"'.~ ; I ~",,,i if ~;II 'I 11 ''''i<''/-- ~,Io,!<lHIJIE I II Ii ) I 11\ <~~- , II \ "---_ /----",;1 ~ '\ ~ GO :\ ,--,,---c___ \.0 Exhibit A Page I CITY OF J'vlERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF AUGUST 22,2006 2. Landscape Plan (dated: January 12,2006) ., -~... , , , I \ I , I "" E " .j,-",~,- 4 < " wr r' ;li~!1 ,. ~'i ~I~ i 'j 11111: ..,.~ ,;/H I I II' j ~..~~: I~I~ ~ J, J _I l!~ P11~ ~ ~irf !.: I f~!;i'rl!~ ~i8f' - j l~nrt~6 ~~ n . !::II. t'" ~i ~ I:! F (I ~I~ ~ ~~ 1~ ~ ~ ~'Jl1ilfi' ii ~ =~r i1j; i . j ~ ~.l~.~. ~j J~:-:-___...~...' Exhibit A Page 2 If~:' ,-'-' \" ,,' ':" :.-" CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS, 1.1.1 The annexation legal description submitted with the application (dated revised February 11 September 7, 2006, stamped by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.2 . SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PP-l, prepared by Bailey Engineering, dated February g revised July 19. 2006, is approved, with the conditions listed herein. 1.2.2 The existing driveway access to Ustick Road to the existing home to remain shall be abandoned and a note shall be added to the plat which prohibits direet lot acceflfl to 1 Jfltick Road, 1.2.3 Maintenance of all common areas shall be the responsibility of the Southwick Subdivision Homeowners' Association. 1.2.4 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities ineorporated into the approved open space are subject to ODe 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 pennitted 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 hy fltaff. 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 offinal construction. 1.2.5 Per UDC 11- 3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11~3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final 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 11-3A-15 and MeC 9-1-28. 1.3.3 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 fmal plat application. Exhibit B Page 1 CITY OF MRRTmAN PI ,ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or AUGUST 22,2006 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the pcrimeter prior to issuance of a building pt:nnil. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. . 1.3.5 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. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, , ' " crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 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 this development is being proposed via mains in U stick Road. The applicant shall install mains necessary to and through this development, eoordinate main sizc and routing with the Public Works Department, anQ 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. 2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant shall be responsible to install water mains to and through this development, including connecting to the water stub in NW 13th. Coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.3 On final plat dedicate common driveway easements. Any watcr meters located in driveways shall be constructed of upgraded materials per City of Meridian standard specifications. 2.4 The applicant shall add a note to the final plat stating that a portion of this site fall within a floodplain and include FIRM map number, lots within the floodplain shall have to file elevation certifications. OR file for a LOMAR with FEMA to remove the floodplain. 2.5 Submit updated groundwater monitoring concurrent with final plat submittal. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 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 prim tu plan approval with the "final draft" being required prior to final plat signature on the last phase ofthis project. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22, 2006 If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 2.8 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 wcll watcr for the primary source. If a surface or wdl 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 aTea~ prior to signature on the final plat by the City Engineer. 2.9 All existing structures spanning lot lines or not meeting sethacks shall be removed prior to signature on the final plat by the City Engineer. 2;10. 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. 2.11 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. 2.12 All irrigation ditches, laterals or canals, exclusive of natural watenvays and the Creason Lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC Il-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 thc Public Works Department. Iflateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.13 Street signs are to be in place, water system sh::).11 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 pennits. 2.14 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. 2.15 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 oecupaney. 2.16 Applicant shall be required to pay Publie Works development plan review, and construction inspection fees, as detennincd during thc plan review process, prior to signature on the final plat per Resolution 02-374. 2.17 It shall be the responsibility ofthc applicant to cnsure that all development features comply with the Amerieans with Disabilities Act and the Fair Housing Aet. 2.18 Applicant shall be responsible for application and eompliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsiblc for application and eompliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinatc mailbox locations with the Meridian Post Office. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving cngineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006 3wfeet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.23 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 DepMtment prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval ofthe fIre hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. 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. 5. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 9. 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 throughuut 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). Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE I1EARING DATE OF AUGUST 22,2006 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to eommon lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The slandard eslablished in the City of Meridian Landscape Ordinance (UDC 11- 3B-l 0) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-IO) will be followed. 6. SANITARY SERVICE COMPANY . 1. SSC has no comments related to this application. " ,7. ADA COUNTY HIGHWAY DISTRICT .. Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from centerline where the site abuts Ustick Road by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed sand signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pennit (or other required pennits), whichever occurs ftrst. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Construct the sidewalk along Ustick Road no closer than 41-feet from centerline. 3. Locate the internal roads as proposed with no local street offsetting an arterial by less than 300- feet and no local street offsetting another local street by less than 125-feet. 4. Located the entry road, Southwick Way, approximately 45-feet east of the northwest property line (measured property line to centerline). 5. Construct all of the internal roads as 36-foot street sections with curb, gutter, and 5~foot wide concrctc sidewalk within 62-feet of right~of-way. Slaff also approves the location of the swale facilities, not the facilities themselves; Development Review will evaluate the particular facility. Receive approval from Development Review staff to utilize the proposed roadside infiltration swale street section and enter into an agreement with ACHD prior to submilling full plans for a subdivision. OR If the site does not meet the standard criteria, construct the local streets as standard 36- fuot street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet of right- of-way. 6. Construct a stub street to the east that COIUlects to the Crossfield subdivision. The applicant is locating the stub street approximately 747-feet south ofthe northwest property line (measured property line to centerline) in alignment with the proposed subdivision. A sign shall be installed at the tenninus of the stub street stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE". Exhibit B Page 5 CITY OF MFRlDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF AUGUST 22,2006 7. Construct a stub street to the south that connects to the Meridian Park #1 subdivison. The applicant is locating the stub street approximately 290.feet west of the southeast property line (measured centerline to centerline) in aligrunent with the proposed subdivision. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ' 8. Construct a stub street to the west that connects to the undeveloped parcel to the west. The applicant is IOl,;ating the stub street 160-feet north of the southwest property line (measured centerline to property line) for future access to the western parcel. A sign shall be installed at the tenninus of the stub street stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE" . 8. CO,nstruct a stub street to the west that connects to the undeveloped parcel to the west. The applicant is locating the stub street 205-feet south of the northwest property line (measured centerline to property line) for future access to the western parcel. A sign shall bc installcd at the tenninus of the stub street stating that, "TIllS ROAD WILL BE EXTENDED IN THE FUTURE" . 10. Close the driveway accessing U stick Road. The existing house is required to take access from Southwick Way. 11. The applicant may choose to do one of the following: A) Utilize shared driveways for lots 11 and 12, as well as, 15 and 16; and a shared drivcway for lots 13, 14. OR B) Utilize a shared driveway for all lots [12,13,14,15] 12. Submit specific plans for the crossing ofthe Creason Lateral (Northwest 13th Street) to Development Review for approval prior to the pre-eonstruction meeting and plat approval. 13. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being loeated within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387~6280 (with file number) for details. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact thc District's Utility Coordinator at 387.6258 (with file numbers) for details. 6. 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 6 rTTY OF MFRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or AUGUST 22,2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pennits), which incorporates any required design changes. 8. Construction, use and property development shall be in conformance with all applicable requirements of tht: Ada County Highway District prior to District approval for occupancy. 9. Payment of applicable road impact fees will he required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. 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 iil the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 11. 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 ehange from the Ada County Highway District. 12. Any change by the applicant in the planned use of the property which is the subject ofthis 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 subj ect property unless a waiver/variance of said requirt:IIlt:nls or ulher legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFP RrPORT POR THE HEARING DATE OF AUGUST 22,2006 C. Legal Description (Revised September 7, 2006) - IDAHO SURVEY GROUP 1450 Easr Watertower 5c, Suite I SO Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884.5399 Project No, 05.349 -.; Southwick Subdivision Annexation & Rezone RUT to R-4 February 14,2006 A parcel ofland located in Government Lot 4 of Section 1, T,3N" R.I W" B.M., Ada Cotmty, Idaho, more particularly described as follows: Commencing at the comer common to ScctiOilli 35 and 36, TAN., R.l W., and Sectiou 2 and the said Section I, fi'Oln which the 1/4 comer common to said Sections 36 and 1 bears South 88042'32" East, 2662.16 feet; Thence South 88042'32" East, 987.03 feet to the REAL POINT OF BEGINNING. Thence South 00040'38" West, 1356.82 feet to a point on the North boundary of Mcridian Park Subdivision No.1, as same is recorded in Book 47 of Plats at Page 3356, records of Ada County, Idaho; Thellt,;t: along said North boundary South 89017'25" East, 183.90 feet; Thence departing said boundary North 00039'53" East, 25.97 feet; Thence South 89005' 12" East, 174.47 feet to a point on the East line of said Government Lot 4; Thence along said East line NOlth 00003'31" East, 1328.06 feet to the West 1/16 comer CODunon to said Sections 36 and 1; Thence NOlth 88042'32" West, 344.05 feet to the Point of Beginning. Containing 10.83 acres, more or less. D, Terry PeLlgh, PLS Professional iLand Surveyors Exhibit C Page 2 CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006 Hi \..C\ .~!I' ~ h... _ ~2 - im ~ r .ei, ~i6 "" ftO I ii. li ::L H~ !i ~* '=' S' I ::iiB= n . . ~ Exhibit C Page 3 8AS<5 OF BEA~ING5 :'J~:; S,J~,____lI:;;Kr-,:u ROAD N""~"'~"- ...",' , {"'111l'5 ,2 S,I ." .,. -. "---~__.l!Sl1-?o2 '/( J44,O' ,< '0, 'I', I "\,. ----------.----~-~ \:\-,,-.;; ~' ~ , '\- Re;AL F"Ofr,(t Of ----rr~-. - . - -,~._- ,,-- --------....!.., s.} 'r-- ~ ~ BEGINNING I' t': g I i:;8 ;:)9 I ~ , is Iii -< ! I i , I I ! I I i i i I CJ <: Oh. ",i i", ~ A 8: lO "" 0':1' 10 _ i~ ("". I~ I I',m_' ;: ~j i~ ~, ~~ i ! ! ! ! ! ! i , I i i i i J i i ~ S 8(f05'l2." E : tW'/t5 iSg'l7'1'" W "27',47' ~ .. --'-----\r---,-~~'.:...L_. 'rHO' ~ --- "'P 1/1' '". &!lJ.~~ ~ r --""'"'"--?-----rr.J~-" -- ~ "'~% 'z . +"!'~{~ ill;: f;l ~ '\>.~ '1:t~-&..oQ /TT --+ ~ . l.1~ ~~-::~ jTl ~ 'i8 1',\ ~~ ~ ~ ~. t of: i'"';~' 'I: 8, ~I~ _:~ ~i~ 0- -COOL," ~.., ?> <P ..,.~ <;.?, ~ .. lJi~'1lO' ~~ ,,~ "),<?.% ." '!\, ~ '0 ~In 'I~ ;l:J ~:;2 -;1;:p. ;:.:~ 2: f~~ ;g "\)It! :-I,~ .~ 1/1\ r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF AUGUST 22,2006 D. Required Findings from Zoning Ordinance 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 of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, ofthe Staff Report. The map amendment complies with the regulationll outlined for the propolled district, specifically the purpose statement; Council finds that single-family detached residential uses are allowed within the requested zoning district of R-4 as a Principally Pennitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. The map amendment shall not be materially detrimental to the public health, safety, and welfare; i. 3. Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when detennining 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 fmds 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 ofinterest of the City (UDC 1l-SB-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council fmds that all essential serviees 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 Comprchcnsive Plan. This is a logical expansion of the City limits. In accordanee with the findings listed above, Council finds that Annexation and Zoninl! of this orooertv to R-4 would be in the best interest of the Citv. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decisiou-makin2 body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D Page 1 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT t'UK THE HEARING DATE OF AUGUST 22,2006 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. Puhlic services are available or can be made available and are adequate to accommodate the proposed development; 3. Council fmds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Atmexation Findings for more details.) 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 fmds 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; Commission and Council rely upon comments from the public service providers (i.e., police, fIre, ACHD, etc.) to determine this fmding. (See finding "Items 3 and 4 above under Atmexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. 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. Conunission 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. 5. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, 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 Couneil should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit 0 Page 2