Loading...
HomeMy WebLinkAboutSettler's Square AZ-07-018 PP-07-021 ALT-07-016RECEIVEID MAR 10 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER city of Meridian City Clerk Office E IDIAN~-- 1:DAHO In the Matter of Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); Preliminary Plat of 14 lots: 12 commercial lots and 2 common lots in the proposed C-C zoning district; and Alternative Compliance to the standard 10-foot wide landscape buffer adjacent to local streets for the Settlers Square Subdivision, by Seagle Three, LLC. Case No(s). AZ-07-018, PP-07-021, ALT-07-016 For the City Council Hearing Date of: March 4, 2008 (Continued from February 19, 2008) (Findings on the March 25, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 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 February 19, 2008 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 29, 2007 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 February 19, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008 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 obtain the city engineer's signature on the 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, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 -2- 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of February 19, 2008 By act'on of the City Council at its regular meeting held on the ~~ day of ~, , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED G~~M COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~~' (TIE BREAKER) Mayor T y de Weerd Attest: Jaycee H man, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By; Dated: 3" 27'D 0 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH'£ HEARING DATE OF FEBRUARY 19, 2008 STAFF REPORT L? T~T e 1~j Hearing Date: February 19, 2008 ~i 1 IDIAl,H10`I (Continued to March 4, 2008) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Settlers Square • AZ-07-018 Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District) • PP-07-021 Preliminary Plat of 14 lots: 12 commercial lots and 2 common lots in the proposed C-C zoning district. ALT-07-016 Alternative compliance to the standard 10-foot wide landscape buffer adjacent to local. streets (UDC 11-2B-3) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Seagle Three, LLC, has applied for Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); preliminary plat approval of 14 lots consisting of 12 commercial lots and 2 common lots; and alternative compliance to allow for 5-foot wide buffers with 5 foot detached stamped decorative concrete sidewalks adjacent to the proposed public streets (Buckstone Avenue and Cooper Lane) and two common lot center medians to serve as the required landscape buffer for the southern portion of Buckstone Avenue, in lieu of the standard 10-foot wide landscape buffer required by UDC 11-2B-3. The Applicant has submitted a conceptual site plan of how this site maybe developed with a mix of retail, boutiques, personal service shops, office uses, financial institutions, restaurants and a daycare center. The square footages of the buildings are expected to range in size between 3,720 and 15,140 square feet. Total square footage at build out is~ estimated at 90,000 square feet. On the submitted plat, the Applicant has depicted two public streets (Buckstone Avenue and Cooper Lane) that will provide access and interconnectivity for the proposed development. The public streets are to provide north-south access to Ustick Road and the residences to north, and east-west access to Venable Lane through the development and to the currently underdeveloped property to the west. The subject property is located at the northwest corner of W. Ustick Road and N. Venable Lane in Section 36, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land with an existing home and two outbuildings which the applicant is proposing to remove to make way for the proposed commercial development. The subject property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current city limits. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT) applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 1 CITY OF MERIDLAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Settlers Square Subdivision (A~07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Co__mmission heard these items on December 20, 2007. At the public hearing the Commission moved to recommend approval of the subiect AZ, PP and ALT request. a. Summary of Commission Public Hearing: i. In favor: Alan Christy (Applicant's Representative) ii. In opposition: None iii. Commenting: David Rudeen iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i, The architectural design of the buildings as it relates to the Cedar Springs commercial development east of the site. ii. The alignment of Buckstone Avenue with the access in Crossfield Subdivision. c. Kev Commission Change(s) to Staff Recommendation: ~_ None d. Outstanding Issue(s). for City Council: i. None These items were on the Meridian City Council agenda for February 19 and March 4.2008. At the March 4`h public hearing the Council annroved the subiect A7, and PP reauest. as i. In favor• Alan Christv~pplicant's enresentadve) ~. In opposition: None iii. Commentinu: None ~_ Written testimony: None y, Staff presenting apnlication_ Anna Canning y~. Other staff commentinu, on application: None jz, ~y issues of Discu ion by Council: i. None ~, ~y Councp Changes to Staff/Commission Becommendation i, None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-018 and PP-07-024 as presented in the Staff report for the hearing date of February 19, 2008, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 018 and PP-07-024 as presented during the public hearing on February 19, 2008, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 2 CITY OF MERPDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF FEBRUARY 19, 2008 After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-07-018 and PP-07-024 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: NWC of Ustick Road and Venable Lane, Section 36, Township 4 North, Range 1 West b. Property Owners of Record: Seagle Three, LLC 5999 W. State Street, Suite A Boise, Idaho 83703 c. Applicant: Same as above d. Representative: Barbara Mason and Alan Christy, Treasure Valley Engineers e. Present Zoning: RUT (Ada County) £ Present Comprehensive Plan Future Land Use Designation: Mixed Use Community g. Description of Applicant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 12 commercial and 2 common lots on approximately 10.18 acres, and alternative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's Statement/Justification (see Applicant's application and letter): Settlers Square Subdivision is intended to be a gathering place providing pedestrian-friendly neighborhood commercial services. Settlers Square Subdivision when fully developed will contain a mix of retail stores, financial services, restaurants, offices and a daycare center. The project will tie together through common architectural building design, landscaping, street fixtures, architectural highlights, and pathways. On-street parking has been incorporated into the design for added pedestrian convenience and promotes a casual neighborhood atmosphere. Central to the development is the creation of a "sense of place." The commercial center's mix of tenants is intended to compliment the lifestyles of the surrounding neighborhoods and support recreational activities associated with the newly completed Settlers Park. The entire project is intended to compliment the neighborhood, provide a local gathering place and a quality professional atmosphere for businesses to succeed. 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and 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 Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. The subject application will in fact constitute an Alternative Compliance review as determined by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is not required on this matter. Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 d. Newspaper notifications published on: November 19, 2007 and December 3, 2007 (Planning & Zoning Commission); January 28, 2008 and February 11, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: November 9, 2007 (Planning & Zoning Commission); January 25, 2008 (Gifu Council) £ Applicant posted notice on site by: November 26, 2007 (Planning & Zoning Commission); February 9, 2008 (City Council) 6. LAND USE a. Existing Land Use(s).: There is an existing home and two outbuildings located on the site. These structures should be removed prior to the City's Engineer signature on the final plat. b. Description of Character of Surrounding Area: The subject site is surrounded by residential subdivisions located on the north and south sides of the proposed development. A commercial development is located east of the subject site with agas/convenience store and a mix of office uses. c. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Woodburn Subdivision; zoned R-8 2. South: Single-family Residential, Crossfield Subdivision No. 4; zoned R-8 3. West: Single family Residence; zoned RUT (Ada County) 4. East: Cedar Springs Commercial Subdivision; zoned C-N d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: Location of sewer: W Ustick Rd and W Woodpine St Location of water: North Venable LN, W Ustick Rd and W Woodpine St Issues or concerns: None 2. Vegetation: There are existing Cottonwood trees on the site that the applicant is proposing to remove. Contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree mitigation/protection plan. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 10.18 acres £ Landscaping: 1. Width of street buffer(s): A 25-foot wide landscape buffer is required on Ustick Road, an arterial street, and a 20-foot wide landscape buffer is required along Venable Lane, a collector street. Furthermore, UDC 11-2B-3 requires a minimum 10-foot wide landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow for 5-foot wide buffers with detached 5-foot wide concrete paver sidewalks. Additional landscaping will be provided for with two center medians dedicated as common lots (Alternative Compliance analysis is provided in Section 10 below). 2. Width of buffers between land uses: A 25-foot wide land use buffer is required between C- Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 C zoned properties and residential properties. There are residential properties to the north and west of the subject site. 3. Percentage of landscaped area: 21 % of the site is proposed to be landscaped. 4. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit. (see Exhibit B, Development Agreement Provisions and Conditions of Approval). g. Off-.Street Parking: One off-.street parking space is required for every 500 square feet of gross floor area in commercial districts, per L7DC 11-3C-6B. h. Required Dimensional Standards for the C-C zoning district: C-C Dimensional Standards Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 50 feet Maximum building size without design review approval: 60,000 square feet i. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 2 5. Other Lots: N/A 6. Total Lots: 14 j.. Summary of Proposed Streets and/or Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing roadway to the east in Cedar Springs and stubs along the western boundary for future connectivity. ACRD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29-foot street section, however, if Lots 1-6 of the proposed plat are consolidated on the final plat, the applicant will have to provide across-access easement to connect the southern portion of Buckstone Avenue with the stub street in the Woodburn Subdivision to the north. See ACRD conditions in Exhibit B. 7. COMMENTS MEETING On November 16, 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 Public Works Department, sanitary Services, Meridian Parks Department and Meridian Police Department. All of the received comments have been included within this report (Exhibit B). 8. COMPREHENSIVE PLAN POLICIES AND GOALS Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 This property is currently designated "Mixed Use -Community" (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. Neighborhood Centers are anticipated to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. The proposed development is intended to develop with a mix of retail, boutiques, personal service shops,. restaurants, office uses (professional and medical), financial institutions and a daycare center. These types of uses will provide services for the surrounding residential neighborhoods. The applicant has designed the proposed development to be pedestrian oriented. Incorporated in the site design are decorative stamped concrete sidewalks connecting each building in the development and areas are provided for outdoor seating. The proposed development will also provide vehicular and pedestrian connectivity to the residential subdivision to the north and the commercial development to the east. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2) Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 On the submitted concept plan, the Applicant is proposing one full-access public street to Ustick Road (arterial) and another full access public street onto Venable Lane (collector). Both public streets provide access and inter-connectivity to the commercial development and adjacent properties. City Staff and ACHD Staff are supportive of the proposed access points. No direct lot access to Ustick Road and McMillan Road was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector roadway. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Ustick Road and a 20 foot wide landscape buffer is required along Venable Lane. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes the proposed mix of retail, office (professional and medical), daycare center, restaurants, and financial services will, in fact, contribute to the variety of services located within the area and will complement the existing residential developments. • Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building area; residential densities of 3 to 15 units/acre. As part of PP and AZ applications, the applicant is proposing approximately 10 acres for non-residential uses. The proposed commercial development is proposing non-residential building sizes between 3, 720 and 15,140 square feet. None of these buildings are expected to exceed 20, 000 square feet and at build out the projected is estimated to total 90, 000 square feet. As mentioned above, the applicant is proposing a wide variety of non-residential uses. Staff is supportive of the mixed commercial uses and finds the proposed development to be in substantial compliance with the City's Comprehensive Plan. • Mixed Use standards, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 Cransitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of this property, at the corner of Ustick Road and Venable Lane makes it a good candidate for a quality mixed use neighborhood development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff believes that the proposed development will be compatible with the surrounding residential properties. The submitted concept plan indicates off ce buildings and a daycare center are proposed adjacent to the residential subdivision to the north. A single family home is also located west of the development. Office uses and daycare centers are typically transitional uses adjacent to residences. In addition city code requires a 25 foot wide landscape buffer when commercial uses are adjacent to residential uses. The applicant will be responsible for installing a 25 foot wide landscape buffer at the time of CUP and/or CZC approval for buildings located adjacent to the northern and western property boundaries. • Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions maybe granted from smaller site on a case-by-case basis. Staff is supportive of the mix of retail/commercial, office uses and personal and professional services proposed for this site. Although the applicant is not proposing a residential component with this development, staff believes the development will provide essential services to the residents of the area, thus meeting the intent of a mixed use development. Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. The site is intended to develop with office uses, boutiques, restaurants and retail stores which are listed as principally permitted uses in the C-C district. The submitted concept plan also indicates a daycare center and drive through establishments which require CUP approval in the C-C zoning district. There is a maximum building size in the C-C district of 60,000 square feet before administrative design review is required. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-O16 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 19, 2008 a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant is proposing a C-C zoning designation, which is generally consistent with the proposed Mixed Use -Community Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain commercial (C-C) zoning designation for the subject property. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop with a mix of limited retail/office uses, drive through businesses and a daycare center. According to UDC 11- 2B-1 and UDC 11-2B-2, some of the uses proposed for this site, retail stores, professional offices, restaurants, and financial institutions are permitted uses in the proposed C-C district. However, daycare centers and drive through establishments require CUP approval. As stated earlier, the applicant is not proposing a residential component with this development; however, staff believes that there is sufficient residential development in the area to support the proposed non residential uses proposed. The applicant has indicated in the narrative that the development is intended to be a local gathering place providing pedestrian friendly neighborhood commercial services. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Mixed Use -Community for this property, Staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation and zoning legal description prepared by Robert G. Hinckley, PLS, dated August 8, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the location of this development, adjacent to residential development and along a major roadway, and the proposed mix of commercial uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate, at a minimum, the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan demonstrating how the site is to most likely develop. The concept plan shows 10 office/retail buildings and one daycare building located in the northeast corner of the development. The square footages for the buildings are expected to range between 3,720 and 15,140 square feet. The applicant has indicated in the application that cumulative square footages for the commercial site is not to exceed 90,000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. Staff is limiting the development to not exceed 108,000 total square feet of non-residential uses on the site (90,000 total square feet X 20% al'lowance). Further, staff is Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 9 CITY OF MERIDIAN PLAM~IING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 recommending that no one building exceed 20,000 square feet. All commercial buildings will require future CZC approval. The concept plan also illustrates the pedestrian feel of the development by providing outdoor seating areas for future patrons and the proposed buildings are tied together with decorative concrete pathways providing excellent pedestrian connectivity. Some of the required parking is also located adjacent to wide pedestrian corridors lined with trees that add to the pedestrian ambiance of the development. Staff is supportive of the conceptual site design for this parcel and the proposed uses within the development. Building Elevations: The applicant has submitted a conceptual streetscape for the proposed development. The conceptual streetscape reflects three different buildings with similar architectural elements and accents. Each facade of the buildings show substantial glazing with brick accented pilasters and metal canopies to provide shade and sitting areas for future patrons. Another elevation details some of the architecture incorporating flat and pitched roofs into the design with building materials varying from wood lap siding and stucco with brick veneer pilasters adding articulation to the facade of the building.. The largest of the three buildings still uses the same building materials but features a substantial portico scaled to the size of the building and constructed with the same materials as the building. Staff believes the massing and scale of the proposed buildings is appropriate to a development of this size. Staff is supportive of theses building elevations and building materials. PP Application: Dimensional Standards: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-C zone. The maximum building height allowed in the C-C zone is 50 feet and the maximum building size allowed without design standard approval is 60,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue, located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing commercial development to the east and stubs along the western boundary for future connectivity. A revised plat has been submitted to Staff; after the applicant received ACRD comments. ACRD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29 foot street section. However, if Lots 1-6 of the proposed plat are consolidated, the applicant will have to provide across-access easement in lieu of the public street section to connect the existing Buckstone Avenue to Cooper Lane. The revised preliminary plat still shows a 29 foot street section; however the applicant is proposing if Lots 1-3 of Block 3 and/or Lots 1-3 of Block 4 are consolidated, a public street will still be required from Venable Lane to stub to the property to the west. Further, a vehicular connection from the existing Buckstone Place to the north to Cooper Lane should be provided. Except for the accesses mentioned above, a note shall be placed on the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Because the concept plan shows shared access points, across-access easemendagreement shall be recorded for all commercial lots within the subdivision to use the drive-aisles and said easement shall be noted on the final plat. Landscaping: The total landscape area for the site is 21 percent which is considerably more than the 10 percent open space the UDC requires for residential subdivisions of equal size. The intent Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 of this request is to create a pedestrian friendly environment and complement the surrounding residential communities. Staff fords the applicant has provided an abundance of landscaping on the site. Street Buffers: Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial roadways and a 20-foot wide buffer adjacent to collector streets (UDC Table 11-2B-3). On the landscaping plan the applicant is showing a 20 foot landscape buffer adjacent to Venable Lane and 25 foot landscape buffer along Ustick Road. Alternative Compliance: UDC Table 11-2B-3 requires a 10-foot wide landscape buffer along local/commercial streets. The applicant has requested alternative compliance to reduce the required 10 foot landscape buffer to 5 feet. The applicant is proposing to bring the buildings near the sidewalk and have on-street parking. The UDC required landscape buffer does not accommodate this design. In lieu of the 10-foot wide landscape buffer, the applicant has provided 5 foot perimeter landscaping with a minimum detached 5-foot wide decorative stamped concrete sidewalks adjacent to Buckstone Avenue and Cooper Lane (there are several areas where the stamped concrete sidewalk is 10 or 12-feet wide). In addition, the applicant is proposing two center medians located in the southern portion of Buckstone Avenue. The center medians are located along the southern portion of Buckstone Avenue but do not meet the minimum 8 foot width required per city code. Staff is supportive of the applicant's alternative compliance request but the applicant should revise the landscaping plan to depict a minimum eight-foot wide center median, measured inside of curbs, prior submittal for the final plat. In Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-016 associated with the findings in Exhibit D. Existing Trees: There are 8 existing Cottonwood trees on this site. The applicant states they are to be removed during construction. Any existing tree on-site tree over 4" in caliper that are removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant has indicated on the submitted landscape plan that the trees are to be evaluated by Elroy Huff at the Meridian Parks Department, for any mitigation is that may be required. Land Use Buffers: If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to existing and proposed residential properties to the north and west. To buffer the existing and proposed residential land uses to the north and west from future commercial (C-C) uses on this site, a minimum 25-foot wide landscape buffer should be installed (UDC Table 11-2B-3). The submitted landscape plan indicates a 25-foot wide landscape buffer adjacent to the residential subdivision to the north and a 20-foot buffer along the western property boundary. The applicant is to provide an additional 5 feet of landscaping (25-feet total) to the west property and construct materials in accordance with UDC 11-3B- 9. Internal Landscaping: The subntted landscape plan shows landscaping within the parking lots. The proposed parking areas meet the current landscaping requirements. It is important to note: all internal and parking lot landscaping will be reviewed with aCUP/CZC application. Existing Structures: The site currently contains an existing single family home with associated outbuildings. The submitted plans indicate all existing buildings are to be removed to make way for the proposed commercial development. Prior to the City Engineer's signature of the final plat, all existing buildings on this site shall be removed. Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. During the public hearing, the applicant shall verify if permanent fencing is proposed for the development. Pressure Irrigation: The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water. 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, asingle- 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 MCC 9-1-28. Staff recommends approval of Settlers Square (AZ-07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on December 20, 2007. At the public hearing the Commission moved to recommend approval of the subject AZ PP and ALT request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: November 29, 2007) 3. Landscape Plan (dated: September 11, 2007) 4. Concept Plan (dated October 29, 2007) 5. Elevations B. Conditions of Approval 1. Planning Departirient 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Settler's Irrigation District 9. Central District Health C. Legal Descriptions & Exhibit Maps Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-O16 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 13 CITY OF MER4DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Vicinity Map r SE T E T O MT L-O W N N R A 0 R z N V l~T T J R-4 A 0 _D 1 - B DR W PP d Subject Site ~ UT L-O STICK RD -_ _-~ C-i- - W US ICK RD -- ~{~ C2 E RU I W R ST . z LO L I ~ , RUT R ' N K T 'Q OD R _~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Preliminary Plat rrc tm0 m ®~r... ~ ~ mo.~ 10' W 50-!Emma 1d 11105 o~ 1~ :~~ 8Y~90017 1'01871. /lD/64/71 ~1 8 ~ ~ S3LLtl3dOild tl!N cQ.~a ]1 ~ ~r~~ '~ ~J m ir ~f11nQIJ LLOOt ~'NJ ~6~ L dD i 189H0 HOISIdIOBHH~8HNL7S NOLfdIN~93U. HLV7 AH ~ :®d7[IAHO/08060 µ a uusn Aram un7st ® A ~o ~lWW~1~~111flflflA7l11l4iii~~~IYYY~~~YYY rm ~j 8 G ~~ m r~ Y~ °° A ~~~ cQa ~ p ~~°. ~ x a F ~ F tj ~~ ~~~ ~ ~ "~z s ~h~ '' r~ ~ ~w ~ r~., ~ho r` pq F.~+ "V ~ O U 4; ~ ~ ~ ~8~ ~ ~ ~~~~~~•~ ~g~. °,t~~$e~r ~ ~8~ ~®x5+1 ~~ 3 a~x 168 g'e x 6~ gtH S ~ ~~~ o~0~ri B~ a ei aC91 ~~~~~R~ ~•~iagi~6r~@~~'aa ~~ ~9~~~~ 3 g @@ g1 e-$~ ~ie7~ d g a ~~B @xi8~~~~eppgg'°~n~9~~~itl~~~~~if~~~~~$e°eo9~~ Q ~ ~ se~~a~~a~~~oi~~~~lff~~l~~~~~~~~~m~~~s~~~~~~ .y !6 • 5 e: o~$26~~ § ~~~ pe~~~~~ ~ ~ ~ ~ [ is ~s ~~~~~~rl«lsrl~~~~~ ~ g s ~ ~ s ~ ~ ~ 1 ~ ~~ $~ i ~ E ~~~~~~IE~E~fi~lt~i 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ®. ®~ ~ a ~ ~ ,, ~~ IIl1, ~o~® a.me.... ~g~,~~~~g~~~ II.III~ ilill 1 ~~1~14~~14 ~ ~~ a I~~ ~ Y lyp ~I ~~ g~gg~¢ Ys Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Landscaping Plan ~..~, , ...~.,.~ sv~ra isva 1 2. ~ H i, s..~.e. ~..+~ ~ , 2 .. ~ • ; ! Ha~an~aw~z a aso om 0 0 l; ~ .~ LL xo0 311 `'~]_ ~ ii if~f~ ~ 4. ~ I~'1 rp 4~I,~,ir ~ s~~~i~ ~ ~ i ,tr ~y '}Ije{~'11~E ~~.~i6~ir lf! 0 +. r ~.,J i i i 1 1 V a t ~r 3i 7 s } Y t~ E y Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF DECEMBER 6, 2007 Concept Plan ~ A ~ _ ~ ,.q ~ R ~- ~ R A A o o ~ A o ~. R ~a _ :-~ 0 ('g1 a~ W? ~ I Q (i 9 A r~ Q ~,~ ~ _~. Q(Q]rdll JJJ ~j~~pn OOUauO 6IOn00~s~oo ~ ~• `~`~ C. 1:.: _ `q_ y ~ , i _ `~~ 1 ~ ~ ~-~ ~`~ ~ l J ~ p 1=~ i i; ~il~lll ~ <:~~:~; - - - - --- ,~ o ~~ , J~~ ~ ~~ o __ ~~ ~ ~ ~ ~ ~. ~ ~ ~ Fi L _ . ~. _ 1 I ~ I I I ' _ ' ~~P A. ~ A a ~ tl '` i~~I'~ ---I~o .+ -_-}- f . -r- i __ _ _ ;;,,, ~,~,,~~;~,~ ~.-r~ _~ roaml~ o©oooo a~ i - _ - - ~~ i `ll~a(!1 ~ oaoo~~~ I JJ a~~~~© f ! ~ - "---- -~ -- ~ I yyyhJJJ{ c to IQ- 0~ --a -o~-o _Q ~__ - -.- ~~,n- !,J p y _ R.J a ~a e ~~1 ~ ~ 1 . i ~ .__ P , _- i ~ i v I , ~ ~_ e• ~ - I P( -- -- ~. . _ ~, r ~~ 1 ..._ ~. ~ Q i ~ p `'" ~~ ~ 9Qd7 rt~10~ ~ _ OQO©ntsa I. ,P ~_. ~ ~~ ~.,.i - b ~ o~ooa© ~~ o~ ~ ~~ ~ _.__ f~ ~ ~ I ~ _ ~ ~ ---- I ~ I ' ~ 'lb i ~~i _ ~ ~- ~ ~ A ~~ ~ ~ 1- -- - A l I' A f ~~~ ~ ~ OOfloop ~ o~~cfu ~ QOOO~u _ ,~ c ~ ~ y 4 A A o i O p 'O ~ C 11 C T ~ ~ v Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF DECEMBER 6, 2007 Elevations: / ~~, '` j ~:: y `~~... d C 1~ i o 0 O ~~ ~' ~ N Q N d~ m N ` V~ d _ 0 d ~ Q Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF DECEMBER 6, 2007 ~, '~ ~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 ~ " i i i n ~I ~~~~ d d~ ` C O O N m ~ v (r Q N N _ ~ d d N +- N 67 6f V1 C Qf C •~. m t i Y 1 f i .^'}: sj Exhibit A CITY OF MER6DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 .e ~ :i' t t t m „,~. o° o a, ~;, J ~' CV Q' ~n `^ m d ~.. Ci ~ N d 01 N d t ~'- dJ O 3 N O7 C .j m Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF DECEMBER 6, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on August 7, 2007 by Robert G. Hinckley, PLS) is accurate and meet the requirements of the City of Meridian. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. - Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). - Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). - A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP review. • 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. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit approval from the Planning Department prior to any commercial building construction on the subject property. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 • Except for one public street access to Ustick Road, one public street access to Venable Lane, the stubbing of Cooper Lane to the west and the connection of Buckstone Avenue to the existing residential stub street to the north; no other access points shall be allowed. Construct a 25-foot wide landscape street buffer along Ustick Road and 20-foot wide landscape buffer along Venable Lane. • Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. PRELIMINARY PLAT Site Specific Conditions 1.2.1 The preliminary plat prepared by Treasure Valley Engineers, dated November 29, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021). 1.2.2 Except for the full-access public streets into the development (one to Ustick Road and one to Venable Lane), access to Ustick Road and Venable Lane is prohibited. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Cooper Lane shall be stubbed to the west side of the property for future connectivity, as proposed. Buckstone Avenue from the south shall be extended into the site. 1.2.3 Across-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.4 Prior to the City Engineer'-s-sgnature on the final plat, all existing structures shall be removed. 1.2.5 The landscape plan prepared by South Landscape Architecture, dated September 11, 2007, labeled Sheet L-1 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot wide landscape buffer along Venable Lane. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north and west of the site. All landscape material shall be installed in accordance with UDC 11-3B- 9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the time of maturity. • In lieu of the 10-foot wide street buffer adjacent to Buckstone Avenue and Cooper Lane, the applicant shall construct minimum 5-foot wide street buffers, and brick/stamped concrete walkways. Further, two center medians located along the southern portion of Buckstone Avenue as shown on the concept plan shall be constructed. Said medians shall be constructed at a minimum of 8-feet in width, measured inside of curbs. See ALT-07-016. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 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 final plat application. 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. 1.3.4 Temporary construction fencing to contain debris shall be installed around the perimeter prior to issuance of a building permit. 1.3.5 Staff's failure to cite specific ordinance provisions 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 UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Venable LN and W Woodpine St. 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 North Venable LN, W Ustick Rd and W Woodpine St. 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 3 CITY OF MERPDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 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). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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, asingle-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. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190.. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 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. 2.12 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. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 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 1-foot above. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 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 shal'1 obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ H'EARING DATE OF DECEMBER 6, 2007 around on streets greater than 150' in length with no outlet. Extend Buckstone Avenue from the north. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 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 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 The Fire Dept. has concerns about addressing and the address being visible from the street which the project is addressed off o£ Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 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. 3.13 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). 3.14 All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 3.15 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B CITY OF MER1DlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. PARxS 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICES 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate either 48 feet ofright-of--way from the existing centerline of Ustick Road abutting the parcel. The right of way purchase and sale agreement and deed must be completed and signed by the applicant prior to the scheduling of the final plat for signature by the ACRD Commission or prior to the issuance of a building permit whichever comes first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Ustick Road along the entire site frontage. 7.1.3 Do not make utility street cuts in Ustick Road abutting the site without approval in writing by the District. This section of road was paved in March 2007 and is subject to the 5 year cut moratorium. 7.1.4 Complete Venable Lane as a 40 foot street section with vertical curb, gutter, and 5 foot attached concrete sidewalk abutting the site. Connect sidewalk with the existing improvements to the north. 7.1.5 Construct the north portion of Buckstone Avenue as a 29 foot street section (measured from back of curb to back of curb) with vertical curb, gutter and 5 foot attached concrete sidewalks inside 42 feet of right of way. In the event lots 1-6 are consolidated on the final plat, the applicant shall provide, in lieu of this public street section, a public cross-access easement to connect the south portion of Buckstone Avenue with the stub street in Woodburn Subdivision to the north. 7.1.6 Construct the south portion of Buckstone Avenue as proposed with drive aisles 21 feet wide (measured from back of curb to back of curb) and islands at least 4 feet wide where it is divided, and vertical curb, gutter and 5 foot attached sidewalks along both sides. Where parking aisles are located, construct a 30 foot wide divided street section. Construct Buckstone Avenue with vertical curb, gutter and 5 foot attached sidewalk. Buckstone Avenue shall intersect with Ustick Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF DECEMBER 6, 2007 Road no closer than 330 feet from Venable Lane (measured centerline to centerline). The District may restrict Buckstone Avenue to right in/right out at some time in the future. 7.1.7 Construct traffic islands with trees at least 6 feet wide with root barriers or 8 feet wide without. 7.1.8 Construct Cooper Lane as a 42 foot street section (with 9 foot parking aisles as proposed) with vertical curb, gutter and sidewalk aligning with the private drive in Cedar Springs Professional Center to the east and terminating as a stub street to the west. Install a sign at the west terminus of Cooper Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Provide a temporary public turnaround easement in the driveway nearest to Cooper Lane's east terminus to expire when Cooper lane is extended to the west. 7.1.10 Construct all commercial driveways onto Buckstone Avenue and Cooper Lane as proposed. Driveways must be no wider than 36 feet and paved their full width at least 30 feet into each site. If constructing curb return type driveways, 15 foot radii will be required. 7.1.11 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD 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 3'87-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 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. SETTLER'S IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. Settler's Irrigation District owns the pressurized irrigation system within the Woodburn Subdivision. This development may connect to the existing system in accordance with SID's standards, specifications and policies. 8.7 This property lies within the Settlers Irrigation District's service boundary 9. CENTRAL DISTRICT HEALTH 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create amosquito-breeding problem. 9.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit ~B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Exhibit C -Legal Descriptions & Exhibit Maps i . ' r "1 _. 1. , II~V~Y~ ~ "'"U ~~ PARCEL DESCRIPTION Aagust 2, 200? PRtaTEC1'; Settlers Squaro PARCEI. NO.: 05173.01 I A,parcel of land being a portion ofthe East 12 ofthe SW 114 ofthaSW 1/4 of Section 36, T. 4 N, R 1 W, B.M,Ada t County, Idaho, referenciag RO.S. No. 7244, more particularly descn"bed as•Ibilows; BEGINNING at the %und tirass cap, (corner rewind iostniinent ft 103107937), marking the south '/. corner of said Section 36; Thence North 88° 44.00" West coincident with dio south line of said Section 36, a distanw of 66556 feed Thenoo North 00° 23' 29" Eest, 666.00 feet to a folmd S/8" iehar/plastic cap I>:S. 10782; "Ibence South 88° 44' 03" East, 666.17 feet to the-east lise:ofseid SW t/4 ofSection 36; Thence South 00°26' 38" West coincident whh said east line of the SV111/4 of sakd Section 36, a distance of 666-00 fcerto the POIN1"Ok? BEGIl!TIYIIVG. T`he parcel above described contains 10.18 acn:s more or less. TogeC~er with' and subjecx to covenant9, easements anti restricdona.of record or otherwise e~dsting. REVItc P VAL BY ~ 5EP ~' ~ ~~ ~tG+Ak PUBLIC • , r~rpg DEPT. 1 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 s i I S i W. USiTCK ' s tp coa~FA .ae waT RD may asr no, +wiomn V IR8AS7JR& VAfIBY L1gNClA~6~ pVG 11utY1 IPO{ 6741 STRISI' N08TB NAIfPd, mA90 B9BB7 (20BJ 6&4-A40B y P.f1' (EbBf I~-1391 , mallenraauroPaueJ~giatemcom tnVCin~cs •PUrvn~•srmvs~ulZs VISI7 'OUR N88 SITS: emr 7}reaureVelfeyBntlneet~.com c !1 ,-^+. EXHIBIT "A " ANIVEXATIOIV' DESCRIPTION A PORTION OF TBS 81/2 OF TEB S1I' 1/4 OF TES SII• I~/4 OF SSCITON 38, TOl-IVS$IP 4 NORTE, :BANGS 1 if85T, BOIS& 3lSRIDIAN ADA COf/NTY IDAEO 2007 S 88'44b3' E688.17 ~ _. i I ~. M7S I ~~ i ~! I i I °i ~ ; i mi i ~g !'8, , ;$' W I ~ AREA I I O2C59 ~nie acx I, W b r+¢T ass ecs. N I ~; N I ~~ ~~ I ~ = b',N SIT-OP-1GT hN 1 .NF. K ~0/AgB.Ut~1 ' ~ S, J I N . I j z _ I ~ ev vi ~ vas .. ~ 1 SEP f ~ 2~1T ~ ~ PAERlD1AN PU9l.1a I WORKS DEPT. ~ j s irv6 wwr-or-a~ I . --____-- ravcumoaao~_ N N ae~a4'pp• W. ..~.. _ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 D. Required Findings from Unified Development Code 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 the subject property to C-C. The City Council finds that the proposed zoning map amendment wil'1 comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that professional offices, retail uses, restaurants and medical clinics would be permitted uses and drive through establishments and daycare centers are conditional uses within the C-C district. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C district, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment to C-C will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that a zoning amendment to C-C for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to C-C would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 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: The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the Exhibit D CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 adopted Comprehensive Plan. The City Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. 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 Council's attention. ACRD 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. 6. 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, The City 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. Staff recommends that the Commission and Council 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 of which Staff is unaware. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for the design of this proposed development. Staff believes the applicant has met the intent of the code by landscaping 21 % of the entire site and designing pedestrian pathways and 5 foot landscape buffers that compliment the existing northern residential neighborhood and provide excellent connectivity for future patrons of the development. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 b. The alternative compliance provides an equal or superior means for meeting the requirements; and The City Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The City Council finds the conceptual landscape plan incorporates innovative design by using center medians along the southern portion of Buckstone Avenue and incorporating 5 foot wide landscape buffers along the public streets with 5 foot detached decorative stamped concrete. The City Council finds this design to be more compatible with the residential subdivision to the north. Additionally the City Council finds this design contributes urban streetscape and adds to the pedestrian friendly environment of the development. Therefore, The City Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The City Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D