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Deklan Subdivision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER I""'... U /' 'm: ~ .~ ., '-JVlCridl:n"'J; " '; j ,-' .I Di"iO In the Matter of Rezoning of 1.59 acres from R.4(Medium Low-Density Residential) to R-8 (Medium Density Residential) AND Preliminary Plat approval of 6 single-family residential building lots, and 2 common lots, in the proposed R-8 zone, by Heritage Development, LLC. Case No(s). RZ-07-001, PP-07-002 For the City Council Hearing Date of: March 27, 2007 (Findings on the April 10, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 27,2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 27,2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 27,2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 27,2007 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. g67-6S03). 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 g II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER /) ~ M (of 4- CASE NO(S). RZ-07-001, PP-07-002 r' (J ~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 March 27, 2007 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 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 Preliminary Plat dated 12/13/06 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 27,2007 incorporated by reference. D. Notice of Applicable Time Limits 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 ofthe 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, maybe 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 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 determined 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER j//L..PU'~ 2 pf l' CASE NO(S). RZ-07-001, PP-07-002 d - 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 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use pennit 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 of the 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 reaI 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 March 27,2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER /7 A..J..L J trF 4' CASE NO(S). RZ-07-001, PP.07-002 By action of the City Council at its regular meeting held on the #-(lY/l. ,2007. / 1/ -r~ day of COUNCIL MEMBER DAVID ZAREMBA VOTED-#-A- VOTED~^-- COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTEDfr COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED 8EAI.J :. cf::': -"Y. - ~ ~ - ~ ,~ ~ ~~ i 15\ . .f f ~ .... '- "'1- ~ i)' ,,,:- Copy served upon Applicant, The Plannin'g: -eht"Ptlblic Works Department and City q"p qlt\ Attest: Attorney. By: ~hC~f) lY\S,V0:-tf/\ City Clerk \ Dated:~ 1- -oi CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER fJ a 'l--'_ 1--t?f 4-- CASE NO(S). RZ-07-001, PP-07-002 if ...... CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT fOR THE HEARING DATE OF MARCH 27, 2007 STAFF REPORT TO: FROM: Hearing Date: 3/27/2007 Mayor and City Council Justin Lucas, Associate City Planner 208-884-5533 ) otGrldi~\ H).....HO 'I SUBJECT: Deklan Subdivision RZ-07.00l Rezone of 1.59 acres from R-4(Medium Low-Density Residential) to R-8 (Medium Density Residential). PP-07-002 Preliminary Plat of 6 single-family residential building lots, and 2 common lots, in the proposed R-8 zone, by Heritage Development, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Heritage Development, LLC, has applied for Rezoning (RZ) from R-4 (Medium Low-Density Residential) to R-8 (Medium Density Residential) for 1.59 acres, and preliminary plat approval of six single-family residential building lots, and two common lots in the proposed R -8 zone. The site is located on the east side of West 4th Street, near the northeast comer of the intersection of West 4th Street and Maple Street. The site is currently vacant and is located within the Urban Service Planning Area and the corporate boundaries ofthe City. 2. SUMMARY RECOMMENDATION The subject applications (RZ 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 Rezone and Preliminary Plat applications. Staff is recommending approval of the proposed Deklan Subdivision (RZ-07-001 and PP-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zonine: Conunission heard these items on February 15. 2007. At the February 15, 2007 public hearine: the Conunission moved to recommend approval. a. Summary of Conunission Public Hearing: i. In favor: Mee:an Johnson ii. In opposition: Laura Lentz (The following si!!Ded in opposition but did not provide verbal testimonv: Bud Larson, Janet Larson, John Fernandes, Kav Fernandes) iii. Commentine:: None iv. Written testimony: None v. Staff presentine: application: Justin Lucas vi. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Conunission: i. - Improvements on West 4th Street; c. Kev Conunission Changes to Staff Recommendation: i. -- None d. Outstandine: Issue(s) for City Council: i. - The applicant is requestine; a waiver of the pressurized irrieation system requirement Deklan Subdivision RZ-07-00l/PP-07-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 The Meridian Citv Council heard thelie itemli ou March 27. 2007. At the nuhlic heariug thev ann roved the liuhiect Rezone and Preliminarv Plat reuued. .a. Summarv of Citv Council Public HearinJ1: 1. In..fuyQr: Me!!an Johnson, Rvan Morl!an 11. !n..oJ:l.D.QSition: None Hi. Commentinl!: Christv Richardson. ACHD iv. Written testimonv: None v. StaffJ2!"esen!!nl! aoolication: Anna Canninl! vi. Other staff commentinl! on aooliNtim1: Len Gradv, Bill ~~ ~ Kev Issueli of Diliculiliion bv Council: i. fu:JJ.uestm..waiver of Pressurized Irril!ation ii. Desilffi and function of 4th Street .t. Kev Council ChanJ1eli to Commission Recommendation: 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 RZ~ 07-001 and Pp.07-002 as presented in staff report for the hearing date of March 27,2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 001 and PP-07-002 as presented during the public hearing on March 27, 2007 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial ofthe plat.) Continuance I move to continue File Numbers RZ-07-001 and PP-07-002 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: East side of West 4th Street, near the northeast comer of the intersection of West 4th Street and Maple Street, Parcel #S1212110500, in Section 12, Township 3 North, Range 1 West. b. Owner: Wayne Enterprises, LLC 12716 W. Scotfield St. Boise, ill 83713 c. Applicant: Heritage Development, LLC 12716 W. Scotfield St. Boise, ill 83713 Deklan Subdivision RZ-07-001lPP-07-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 d. Representative: Megan Jolmson, WRG Design e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for a Rezone of the subject 1.59 acres from R-4 to R-8, and Preliminary Plat approval of 6 single- family buildable lots, and 2 conunon lots. All ofthe homes within the development are proposed to be single-family detached. The average residential lot size in the proposed development is 7,216 square feet. The total gross density of the project is 3.77 dwelling units per acre. The net density is 5.45 dwelling units per acre. Approximately 0.1 acres (6.3 %) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 2. Date oflandscape plan (attached in Exhibit A): 12/13/06 12/13/06 5. PROCESS FACTS a. The subject application will in fact constitute a 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 on 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 Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: January 29th and February12th, 2007 (Planning Commission), March 5th and 19th, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: January 19th, 2007 (Planning Commission), March rd, 2007 (City Council) e. Applicant posted notice on site by: February 5th, 2007 (Planning Commission), March 17th 2007 (Citv Council) 6. LAND USE a. Existing Land Use(s): This site is currently vacant. b. Description of Character of Surrounding Area: This parcel is almost completely surrounded by single family residential development. The only non residential use bordering this property is a church to the north. The proposed project is considered infill and, if approved, will be similar to the surrounding residential uses. c. Adjacent Land Use and Zoning: 1. North: Single family home, and LDS Church, zoned R-4 2. South: Single family homes, zoned R-4 3. East: Single family homes, zoned RA 4. West: Single family homes, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Deklan Subdivision RZ-07.001lPP-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 Location of sewer: There is sewer available in W. 4th Street. Location of water: There is water available in W. 4th Street. Issues or concerns: 1.) The applicant is requesting a waiver ofthe pressurized irrigation requirement, due to the fact that, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. 2. CanalslDitches Irrigation: N/ A 3. Hazards: N/ A 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 1.59 acres f. Subdivision Plat Information: 1. Residential Lots: 6 2. Non-residential Lots: 0 3. Total Building Lots: 6 4. Common Lots: 2 S. Other Lots: 0 6. Total Lots: 8 7. Gross Density: 3.77 units per acre 8. Minimum House Size: N/A g. Landscaping: 1. Widthofstreetbuffer(s): N/A 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 0.1 acres/6.3% h. Amenities: N/ A 1. 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. Sununary of Proposed Streets and/or Access: The applicant is proposing to construct a single public street cul~de~sac (300 feet), Deklan Court, which will serve this subdivision. The cul- de-sac is proposed with a 36-feet wide street section with rolled curb, gutter and 5-foot wide attached sidewalks within 50 total feet of right~of-way. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On January 26,2007, a joint agency and departments meeting was held with service providers in this area. 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 corrunents, conditions and recommended actions in Exhibit B below. Deklan Subdivision RZ-07-001IPP-07-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27,2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 6 single-family lots on 1.59 acres for a total gross density of 3.77 dwelling units/acre. Staff considers this project to be generally compliant with the recommended density for this area. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): 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 in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The lands are under the jurisdiction of the Meridian City Fire Department, This service will not change. · The lands are serviced by the Meridian Police Department (MPD). This service will not change. · 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. Municipal, fee-supported, services are 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, Objective 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. 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 constructfive-foot wide attached sidewalks along all of the proposed streets in the subdivision. The proposed sidewalks will enhance pedestrian connectivity in this area. Deklan Subdivision RZ-07-001lPP-07-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27,2007 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 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 eXlstzng single-family residential properties to the, south, east and west, and church to the north are compatible with the proposed development. 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-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Density Residential: The purpose ofthe 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 street frontage and lot size requirements of the R-8 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: 1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and [mdings for a zoning amendment. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: Although not specifically required by the UDC (due to the size of the property) the applicant is proposing 0.1 acres (6.3%) of open space for this development. Much of this open space is located in a ten-foot wide landscaped Deklan Subdivision RZ-07-001IPP-07-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 common lot on the south side of the proposed street. This ten foot common lot helps to avoid the undesirable situation of "double fronted lots" that would be created, for the existing homes to the south, if the ten foot landscape strip was not included. m general Staff is supportive of the proposed open space and believes that the ten foot buffer strip helps to mitigate any negative effects of this proposed development on the neighbors to the south. Landscaping: The landscape plan prepared by WRG Design mc. on 12/13/06, is approved with the following modifications/notes: · Per UDC ll-3B-1O, 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 ll-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Existing Structures: The preliminary plat notes that a pool, fence and other minor structures are to be relocated as a result of this development. All existing structures that can not conform to the standard setbacks of the R -8 zone should be removed/relocated. Cul-de-sac Turning Radius: The proposed turning radius of the cul-de-sac at the terminus of Deklan Court is 45 feet measured to the back of curb. The Fire Department has expressed concern about this turning radius and requires that the radius of the cul-de-sac be expanded to 48 feet, measured to the back of curb. Fencing: The applicant is proposing to install six-foot high vinyl fencing along the south and east property lines adjacent to the existing single family homes. The applicant is also proposing to retain the existing fencing along the north and west property lines. Staff is supportive of this proposal and believes that the new vinyl fencing is appropriate adjacent to the existing homes. 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 UDC 11-3A-7. Common Areas: Maintenance of all common areas should be the responsibility of the Deklan Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided should be covered. Pressure Irrigation: The applicant is requesting a waiver of the pressurized irrigation requirement, due to the fact that, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. Therefore, Public Works staff is not supportive waiving the requirement and would require Deklan Subdivision RZ-07-001/PP-07-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 a pressurized irrigation system that utilizes existing surface water and is supplemented by City Water. The City of Meridian requires that pressurized irrigation systems 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 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. b. Staff Recommendation: Staff is recommending approval of the proposed Deklan Subdivision (RZ-07-001 and PP-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on February 15. 2007. At the Februarv 15. 2007 public hearing the Commission moved to recommend approval. Th.e_MeJ;_t(Uan City_Council heard thes~it.emltOn March 27. 2007. A(the_p-ublic hearin!! thev aDDrov~d th~_~ut>>ject Re;zone and Prelimi!I~3ry_rl~tJ.~quest.. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: 12/13/06) 2. Landscape Plan (dated: 12/13/06) 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 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Deklan Subdivision RZ-07-001/PP-07-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27,2007 A. Drawings 1. Preliminary Plat (dated: 12/13/06) ~~ ~1q. .. a'" _~""'I1IlU _.__._.~ i~~ iDl -eJ .0 II I .. _ I . . tJ -- , _00_ 9" -! Ii II;i II :i II i' i! ~:u!i I Ii ~ I i~' ~ih _Hie :c: '"1 :c: Q Iii CI) I~!l ~ ~ ~!Im lIJ Q U: Q! !!i fI) ~~i i I! ~i · ~!. ~ i I ! ~I!!i! In !lU! I'ilii! Ih_l~ IUls ~ 11~~h ~~!!a!! .. ! 21 iii I I ~; hUi 1iI1haUl 11!lh1iill Exhibit A - Page 1 OHl/ll 'Nw1CllJ31'j ~o AJ.I:::J I 011 'lN3rld0131\3C 3D'O'.L1l:l3H NOISIAIOenS N\f1>l30 133HS 1d3^OO In"1l1 ~ g til !Wa a hilI . I llij a~j M ,.r ~lIir -oj. I .~i A k ;!' I!' I!' i!' i!" l!' I.' i!" !!. i~1 hi hi hi 1,1 M hi dl itl ~II ~ :5 " III iii ~ . IIiI "Ii = ii! ii! ;i! Ii! ii! -i! ii! 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I' if Exhibit A - Page 2 CITY OF MERJDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 Landscape Plan (dated 12/13/06) ----'-'-1 _~ ___w. _~... _.-oIoQll4l'i'llCII- "D N 1 .. _ I . . CI _IMI 0H\fCI 'NvKI1H31\1 ~O All:> I 011 '.LN3L'\1d013^-30 3El\l' .LIl::13H NOISIAIOSnS N\fl>l30 NV1d ~NI.LNVld 3dVOSONVl IIPBI~ .- isiii ~~ oJ adlluyyu aioIlIU... Iii aUniU!!! I 1= IPIII j'l ~,i II llllllhih ~11!111 I p III I h hili i I W! 111111 !l ~ !I ~ . @d}bb,,, , .__________-'r-________ _________...1 I ' : 1m ~ 1 I , " -- "'" ---- ~ e I II '" \ , \ , \ , \ 'II! I WI 1"11 : I.! I , , I .. .. i ~!II i , \, L.._____ _______ ------~-- -~--------I Exhibit A - Page 3 .......... ---- ~ .., 8 8 ~ t1- I I .. .---.,-.-- - -.---) I , I I - - -.. ---.- -- -_...! I , I , I , -..--1 , I I , -- -------- ---I , I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-07-002) 1.1.1 The preliminary plat plan labeled Sheets C01 and C02, prepared by WRG Design Inc., dated 12/13/06, is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ.07.00 1) shall also be considered conditions of the Preliminary Plat (PP.07-002). 1.1.2 The landscape plan prepared by WRG Design Inc. dated 12/13/06 is approved with the following modifications/notes: . Provide a ten-foot wide landscape strip (placed in a common lot) between the proposed Deklan Court and the existing homes to the south, except for the area directlv south of the proposed cul-de-sac where the landscape strip can be reduced to five-feet. . Per UDC ll-3B-10, 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. 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 Provide 6.3 % (0.1 acres) open space as proposed. 1.1.4 All buildings or structures that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.7 Install six foot high vinyl fencing along the south and east property lines adjacent to the existing single family homes, as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building pennit, 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 11- 3A-7. 1.2.8 Maintenance of all common areas shall be the responsibility of the Deklan Subdivision Home Owners' Association. 1.2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, 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 prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27,2007 1.2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 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. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-07-002) 1.3.1 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). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC ll-3A-17. 1.3.3 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 fmal construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 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. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in ODC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. 4th Street. The applicant shall install mains to and through this subdivision; 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. 2.2 Water service to this site is being proposed via extension of mains in W. 4th Street. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27,2007 2.3 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 fmalized prior to construction plan approvaL The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has proposed a waiver to the pressurized irrigation system required by City Code for this development. There reason stated was, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". Per Meridian City Code 9-1-28, the pressurized irrigation requirement can only be waived if the particular property can prove they have no water rights in an irrigation district. UDC ll-3B~6D requires non-potable water to be used in pressurized irrigation systems when deemed available. Therefore, the applicant shall be required to install a pressurized irrigation system using the existing surface water, with a single point connection to the potable water system to supplement the pump station wet welL The design of this system shall be coordinated with the Public Works Department prior to construction plan approval, but it shall include at a minimum a wet well for surface water retention. The applicant shall coordinate with the Public Works Department to determine what percentage of the pj. system will be utilizing City water, so that a pro-rated well development fee can be detennined, and it shall be payable prior to signature on the fmal plat by the City Engineer. 2.6 If City Council waives the requirement for a pressurized irrigation system using existing surface water, that applicant shall be subject to the payment of well development fees prior to signature on the final plat. 2.7 If the required pressurized irrigation system in this development is to be owned and maintained by the Homeowner's Association then plans will be reviewed and approved as part of the construction plan approval. A draft copy of an operations and maintenance manual shall be submitted prior to construction plan approval, with the final draft being 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface 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. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC 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 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27,2007 2.13 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, 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 required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 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 occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.21 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. 2.22 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. This is to ensure that the bottom elevation of the crawl spaces of homes is at least l~foot above. 2.23 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and pennit from Building Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings not exceeding 3600 square feet will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings will require a fire flow of 1500 gallons per minute. 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. Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers 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 IFe 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 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.8 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. 4. Police Department 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. Parks Department 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. Exhibit B - Page 5 7.1 7.1.1 7.1.2 7.1.3 7.1.4 7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 7.2.11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 7. Ada County Highway District Site Specific Conditions of Approval Construct the internal street, Deklan Court, as a 36-foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk within 50-feet of right. of-way, as proposed. Construct 4th Street to match the existing curb line/street sectionlright-of-way to the immediate south of the site, as proposed. Dedicate sufficient right-of-way to complete the street section (the proposed 28.7- feet from centerline is acceptable) for 4th Street; AND if any sidewalk improvements are located outside of the right-of-way they should be accompanied by a public access easement. Construct a standard cul-de-sac turnaround at the eastern tenninus of D ekl an Court with a minimum turning radius of 45-feet. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Comply with the District's Tree Planter Width futerim Policy. 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 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. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 Exhibit B - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27,2007 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. 8. Central District Health Department 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Enviromnental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MARCH 27,2007 C. Legal Description -.... B~Ejf~ROVAL PES I G N ~ I N C_ BoBD~ DelerJptiou for Stacy CODltruetlon Fourth Street, Meridian Job No. 6066716,00 MERIDIAN PUBLIC WORKS DEPT. ,--' --:1 I~: L~ A parcel of land situate in the northeast quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: ~ i,- )1! I)[!fi Commencins at the northeast comer of the northeast quarter of the northeast q\llll1e'c of SqXion 12, ToWDSbip 3 North, Rauge 1 West, Boise Meridian; Thence S00"03'22"E, 69S.61 feet along the east line of the northeast quarter of the northeast quarter to the northeast comer of Niday's Second Addition, Book 11 of Plats at Page 594, Recordli of Ada County; Thence N89"S4'38'W, 826.16 feet along the line common to Niday's Second Addition, Wilson Addition, Book 12 of Plats at Page 708, Records of Ada County, and Western Subdivision, Book 24 of Plats at Pages 1498 & 1499, Records of Ada County, to a 5/S inch rebar marking the POINT OF BEGINNING; LANO PL"'NNIN~ CIVIL. EN~INCIII:~tNC;: ~ rlJ Thence SOOOO4'43"E, 194.00 feet along the west line ofWestcm Subdivision to a 5/S inch rebar on the north line of Westem Subdivision; L..ANb..e...~C ARCHITCCTU"e ~'I -'~jl C1~: Thence N89QS4'3S'Wi 437.57 feet along the north line ofWcstem Subdivision to a S/8 inch rebar marking the centerline of West Fourth Street; l,a.NO SURvlY Thence NOO"OS'07'W, 80.21 feet along the centerline of West Fourth Street; 'Thence S89Q54'3S"E, 137.48 feet parallel with the north line of Western Subdivision to a 1/2 inch rebar; ~ W"'TE:JI: Thence Nooo02'28"W, 113.79 feet to a 1/2 inch rebar on the westerly extension of the north line of Western Subdivision; ~--, II/[) Thence S89<'S4'38"E, 300.03 feet along the westerly extension of the north line of (j.\ 'Ii.s~ Western Subdivision to the POINT OF BEGINNING. ~r l I ? ":i; /' r The above-described parcel contains 1.59 acres, more or less. ~ fl6~6: \) ) Together with all and singular the tenements, hereditaments, and appurtenances thereunto ~",'';JE' OF \" '%': - / bel. . . ......-.i..i.... "Jy~~" ,-,,' ongmg or m Bn)'W1se -r__' ,_.~L 5. . / 453 s. i'imess PI~ce. . d tha . Eagle, 10 Subject to any easements or ngbts-of-way ofrecord or apparent an t certain CBSCII)ent 83616 over said land in favor of the City of Meridian, State ofIdaho, a municipal corporation, for water right-of-way (to be provided for through an underground pipeline) and incidental purposes as set forth in an instrument recorded May 27, 1976, as Instrument Number 7620278, Records of Ada County, Idaho. PH 208/246_8300 FX 208/2~6.8320 .WWIV.WflJOlsign_um Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 1~ oF S8ll,"'.."( II,"' 7"E 132.. .2' IJ.. REVIE~~IJAL aY_~~ MERIDIAN PUBLIC WORKS DEPT. _CLJ_ D . . I . N .... o. .." ....o.t.lIt "'11' _ ...- '""- .... . - 1'-_ . ..... Exhibit C - Page 2 il-" IV> 'I~ I! II: ~ e i~ I ..... ~ ..- 5Q~J'.'.E 21~:I.2e' SDiI'"....E 12". ".- Sll . . ;e ~ z 1.59 Acres SlliI'S'I'Ja ~ I p. I 1ft" I i 2!-....10I11n. Ea........' ~: "" - it N / LEGAL EXHIBIT 4TH STREET INFILL S1aCy ConstructIan ~ IIWD WEST CHERRY ~AVE' .' . o g ~ :.i . ..0 alSffi ~ ::i I~ l!i ~ POB NIII'!." ...w 828,IS' s :1 "'H'''''' SuDdi~~ SCALE: r=100' ~ I 100 50 0 100 PROJECT NO. 60667'16 DATE: 12/14/06 BY: msb SCALE: r-1DO' SHEET NO. 1 of 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 D. Required Findings from Unified Development Code 1. Rezone 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed rezone, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. Staff recommends that the Conunission and Council rely on any oral or written testimony that may be provided when determining this fmding. D. 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, The City 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. E. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E). This finding is not applicable to the rezone request. 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: A. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 The City Council finds that services can be made available to accommodate the proposed development. C. 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, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the 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 Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council 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. F. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff fmds 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 determine whether or not the proposed development may destroy or damage a natural or scenic feature( s) of maj or importance of which staff is unaware. Exhibit D - Page 2