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Sovi Subdivsion AZ-15-007 PP-15-010CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E In the the Matter of the Request for Annexation of 5.08 Acres of Land with an R-15 Zoning District and Preliminary Plat Consisting of Thirty -Six (36) Residential Building Lots and Seven (7) Common Lots on Approximately 4.86 Acres for Sovi Subdivision, located at 3515 S. Eagle Road, by DevCo. Case No(s). AZ -15-007 and PP -15-010 For the City Council Hearing Date of. August 18, 2015 (Findings on September 1, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 18, 2015, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A 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 of the annexation and preliminary plat request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AL -15-007; PP -15-010 -I- copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached staff report for the hearing date of August 18, 2015, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the conditions of approval in the attached staff report for the hearing date of August 18, 2015, attached as Exhibit A. 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 the combined preliminary and final plat or short plat (UDC I 1 -6B -7A). 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 two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and Sled 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 obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years 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 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 (UDC I I - 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if Sled prior to the end of the two (2) year approval period (UDC 11 -SB -3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-007; PP -15-010 2 E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. Attached: Staff Report for the hearing date of August 18, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-007; PP -I5-010 -3- By action of the City Council at its regular meeting held on the day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED_jy =k - COUNCIL COUNCIL MEMBER DAVID ZAREMBA VOTED +L COUNCIL MEMBER JOE BORTON VOTED E COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED �i MAYOR TAMMY de WEERD VOTED (TIE BREAKER) / v Mayor Ta e e--_ o� J,lpTGD A DCN" Attest: 3G Q�City of EKIDIAM* - )aycee AdIman ^Fy SEAL City Cler•1{ Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: q j City Cler 's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S), AZ -15-007; PP -15-010 -4- EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 1 STAFF REPORT Hearing Date: August 18, 2015 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Josh Beach, Associate City Planner Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ-15-007; PP-15-010 – Sovi Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, has submitted an application for annexation and zoning (AZ) of five (5) acres of land with an R-15 zoning district; and a preliminary plat (PP) consisting of thirty-six (36) building lots and seven (7) common lots in the R-15 zoning district for Sovi Subdivision. Note: On the submitted preliminary plat, the applicant contends that subject plat consists of 4.77acres of land. The County’s land records indicate that the property is 5 acres in size. During the surveying of the property, the applicant discovered a discrepancy in the boundary of the property that would create a strip of land (varies in width between 10 feet to 14 feet) that is not included in the annexation or plat boundary. This discrepancy is not addressed in the application. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ and PP applications. The Meridian Planning and Zoning Commission heard these items on July 16, 2015. At the public hearing, the Commission voted to recommend approval of the subject AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: None iv. Written testimony: Ann Marie Baird, Steven Yearsley, and Jerry and Judy Ferrell v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The requirement to connect S. Milan Ave. to E. Rome Dr. c. Key Commission Change(s) to Staff Recommendation: i. Prior to the Commission hearing, the applicant was able to secure ownership for the strip of land on the west boundary of the develop. The revised exhibits in the staff report reflect the incorporation of property into both the annexation boundary and the preliminary plat boundary including the inclusion of an amenity and a commitment to providing a pedestrian connection to the school site along the west boundary. Because the applicant was able to correct the discrepancies identified in the staff report, the Commission voted to recommend approval with the conditions of approval that were presented during the public hearing. The Commission did not require (condition of approval 1.2.2a) the applicant to extend S. Milan Ave. to the south boundary of the preliminary plat and approved the connection to E. Rome Drive as proposed. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 2 d. Outstanding Issue(s) for City Council: i. Stubbing E. Rome Drive along the south boundary in lieu of a common driveway. ACHD, Tuscany HOA and the Commission are not supportive of the stub street. ii. Converting Lots 29 and 31, Block 1into non-buildable lots and creating an exclusive use easement for the future owners of Lots 28 and 32, Block 1 to use and maintain. The Meridian City Council heard these items on August 18, 2015. At the public hearing, the Council approved the subject AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The extension of S. Milan Ave. to E. Rome Drive. ii. Proposed lots sizes within the development. iii. Extending private streets into the development in lieu of public streets. iv. The use of Lots 29 and 31as part of the side yards of Lots 28 and 32, Block 1. v. Setbacks measured on Lots 28 and 32, Block 1. c. Key Council Changes to Staff/Commission Recommendation i. Council eliminated the requirement to construct S. Milan Ave. as a stub street to the south boundary (condition of approval 1.1.2a). ii. Council approved Lots 7, 8, 9, 11, 12, 13, Block 1to take access from a common drive in accord with site specific condition of approval 1.1.5. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-15- 007 and PP-15-010, as presented in the staff report for the hearing date of August 18, 2015, with the following modifications: (Add any proposed modifications.) (Conditions of approval are not part of subject staff report. If the Commission wants to recommend approval of the subject project, it should be continued to the August 6th meeting so staff can prepare findings and conditions for approval. See proposed motion for continuation below). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-15-007 and PP-15-010, as presented during the hearing on August 18, 2015, for the following reasons: (You should state specific reasons for denial.) 1. There is a surveying/ownership discrepancy between the deeds, the legal description supplied by the applicant, and the subdivision plat, which would create a County enclave on the west boundary of the proposed subdivision. 2. The layout of the preliminary plat does not include the proper amount of useable open space, the use of common driveways could create a parking issue for the proposed development, there is no vehicular connectivity to Messina Village, and there is no pedestrian connectivity to Siena Elementary School. 3. Annexation of the subject property is not in the best interest of the City at this time. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 3 Continuance I move to continue File Numbers AZ-15-007 and PP-15-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3515 S. Eagle Road, in the NE ¼ of Section 29, Township 3 North, Range 1 East. (Parcel No.: S1129110400) B. Owners: Sara Jane Brodin 3515 S. Eagle Road Meridian, ID 83642 C. Applicant: Jim Conger, DevCo 4824 W. Fairview Ave. Meridian, ID 83642 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29 and July 13, 2015 (Commission); July 27 and August 10, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: June 25, 2015 (Commission); July 23, 2015 (City Council) D. Applicant posted notice on site(s) on: July 6, 2015 (Commission); August 7, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property and a single-family home zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Medford Place Subdivision, zoned R-8. 2. East: S. Eagle Road; single-family residential zoned property in Golden Eagle Estates Subdivision, zoned R-8. 3. South: Single-family residential properties in Messina Village Subdivision, zoned R-4 4. West: Siena Elementary School, zoned R-4. C. History of Previous Actions: None EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 4 D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop the property with thirty-six (36) single-family detached and attached dwellings at a gross density of 7.55 dwelling units per acre (d.u./acre) and a net density of 10.56 d.u./acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR designation; however staff believes that the plat as designed lacks useable open space, has limited connectivity and limited on-street parking and would create a “no mans” strip of land that is not incorporated into the proposed project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Restrict private curb cuts and access points on collectors and arterial streets.”(3.06.02D, Page 53) The proposed development will not connect to Eagle Road which is an arterial street. The traffic from the proposed development will be funneled through S. Milan Ave., which is a local street that connects to Eagle Road through Medford Place Subdivision. Staff is supportive of the extension of S. Milan Avenue however; staff believes the applicant should extend this street to the south boundary of the property so the City and ACHD can work with the Tuscany HOA on a future connection to E. Rome Drive. 2. “Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.).” (3.06.02F Page 54) The applicant has proposed a 25-foot wide landscape buffer along S. Eagle Road in accordance with UDC 11-3B-7C. 3. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, Page 56) EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 5 If approved, the proposed single-family detached and attached dwellings would contribute to the variety of housing types available within the City, consistent with the surrounding residential developments. 4. ”Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A Page 55) UDC 11-3G-3 requires that a minimum of 10% of open space be provided as well as one site amenity. The plat as designed provides no useable open space. The drainage pond proposed for the development is not useable open space. Due to ACHD’s requirement for a twelve-foot wide gravel access road across the proposed open space, this area does not constitute usable open space. 5. “Require common area in all subdivisions.” (3.07.02F Page 55) The proposed plat depicts a total of 0.44 acres of qualified open space; however the preliminary engineering plan shows that the open space will be used as a drainage pond. With the requirement of a 12-foot gravel access road to the pond by ACHD, there will be no useable open space and the proposed subdivision would not comply with the UDC. 6. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C Page 55) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Medford Place Subdivision to the north. The plat does not, however, connect pedestrians to the Messina Village Subdivision to the south, or to Siena Elementary School to the west. 7. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F Page 45) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 8. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.02O Page 48) The proposed plat depicts connections to the existing stub street from the north; an emergency access to the south via E. Rome Drive is also shown. NOTE: There is an existing cross-access easement to this property, created with the platting of Messina Village Subdivision to the south. The applicant is not proposing to utilize this existing cross-access easement for a public street connection to E. Rome Drive, but has chosen to only provide an emergency access in this location. In reviewing the history of the Messina Village Subdivision, staff believes that this cross access easement was meant to serve as a public street connection to E. Rome Drive. Without this connection, residents driving their children to school will have to turn out onto Eagle Road (an arterial road) and then turn back onto E. Rome Drive. 9. “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I Page 55) The subject property is adjacent to existing single-family homes and similar lot sizes to the north in Medford Place Subdivision. The proposed development, with the proposed zoning of R-15, is similar to the surrounding uses. 10. “Ensure development provides safe routes and access to schools, parks, and other community gathering places.” (3.07.02N Page 56) EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 6 The proposed development notes a possible pedestrian access to the Siena Elementary school. The development should ensure that pedestrian access is provided from this site to Siena so that children are not required to access the school property by using Eagle Road and E. Rome Drive. NOTE: Currently, a strip varying in width from 10 feet to 14 foot 6 inches exists between what the applicant claims to own and Siena Elementary School, which prevents the development from connecting to the school property to the west. No one is claiming ownership of this strip of land. This small strip of land could become a real nuisance and potentially a hazard if no one claims ownership and maintains it. Before the subject property is annexed and developed, this ownership discrepancy should by resolved. Based on the above analysis, staff finds that the proposed development is not consistent with the comprehensive plan and recommends denial. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. 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. The medium density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family detached and attached dwellings is principally permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-7 for the R-15 zoning district. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning: The applicant has applied for annexation and zoning of five (5) acres of land with an R-15 zoning district. As discussed above in Section VII, staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan, however due to the lack of pedestrian and vehicular connectivity, the lack of useable open space, the limited on- street parking due to the number of common driveways and the potential to create a “no man’s strip”, staff believes it is not in the City’s best interest to annex the property until these issues are resolved. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City to the north, south and east, and is within the Area of City Impact boundary. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 7 However if annexed a “no man’s strip” will be created on the west boundary, just east of Siena Elementary. This area is not included in the annexation and creates a parcel that is not developable and may not be maintained into the future. Staff believes until the entire lands between Eagle Road and Siena Elementary are included, annexation of this property is not in the best interest of the City. Preliminary Plat: The proposed plat consists of thirty-six (36) building lots and seven (7) common lots on 5 acres of land. The R-15 zoning district is proposed for the development (see Exhibit A.2). The gross density for the subdivision is 7.2 d.u./acre. The average lot size is 4,126 square feet. The plat, as currently designed, would create a strip of “no man’s land” that varies in width from 10 feet to 14 foot 6 inches on the west boundary. Staff believes that the annexing and subdividing this property would create several significant problems for the City including:  It would create a parcel that is not developable or annexed into the city – and probably never would be annexed;  It would create an enclave parcel that would not be maintained by an HOA or any of its members – and may become a nuisance;  The parcel may create significant issue for code enforcement, police and/or fire personnel; and  With the design as proposed using three (3) common driveways to access seventeen (17) of the proposed lots, there could be significant parking issues within the proposed development. Existing Structures: There is an existing single family home on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-7 for the R-15 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. Staff has determined that the preliminary plat does not show the required details as set forth in UDC 11-6C-3. Staff believes that there are too many homes being accessed off of private driveways, due to the current design of the plat, and the limited connectivity to and through the proposed subdivision. The applicant has the option to propose private streets within the development and provide access from E. Rome Drive. This would give the applicant more flexibility in the road design in the development and could potentially reduce the need for common driveways. Access: Vehicular access is proposed for this site via an extension of S. Milan Avenue. An emergency access to the south on S. Milan Ave to E. Rome Drive is also proposed. Staff believes that S. Milan Ave. should be stubbed to the south boundary so that there is the potential to construct a future public street to E. Rome Drive. Stubbing the street to the south boundary would allow the City and ACHD to work with the Tuscany HOA on a future road connection. ACHD has stated they have no jurisdiction over the cross access easement because it is private easement on private property and is not dedicated right-of-way. As mentioned above, this easement was always meant to serve as a public street connection and EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 8 staff would like to have the opportunity to work with all parties to extend the roadway in the future. Pedestrian access to the proposed subdivision is also limited. Because the proposed subdivision is in such close proximity to Siena Elementary School, staff believes the applicant should provide a pedestrian connection on the west boundary however; the “no man’s” strip of property between the proposed subdivision and the school currently prevents any such connectivity. Streets: All of the proposed streets depicted on the plat are public. A total of 44-feet of right-of- way is proposed throughout the subdivision with 33 feet between the back of curbs. ACHD’s staff has indicated support of the road design as proposed by the applicant. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide detached sidewalks throughout the development. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A 25-foot wide street buffer is required along S. Eagle Road, an arterial street, per UDC Table 11-2A-7 and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is depicted on the plans. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly notes that there are no existing trees on the site. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. The landscape plan depicts existing cedar fence along the north side of the development, an existing six foot tan colored vinyl fence along the south side of the development and an existing chain-link fence along the west side of the development. There is a discrepancy between the applicant’s landscape plan and their site plan as to the location of the chain link fence. The landscape plan indicates that the chain link fence is along the western boundary of the parcel and the site plan indicates that the chain link fence is on the west side of the “no man’s strip” of property. The applicant is proposing a six foot tan colored fence along the east boundary of the property; no other fencing is proposed. Per UDC 11-3A-7A.b, fencing adjacent to all interior pathways and common open space is restricted to 4 feet in height if closed vision material is used or 6 feet in height if open vision material is used per UDC 11-3A-7A.b. The landscape plan should be revised to include these requirements and incorporate the strip of land on the west boundary. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (5 acres), a minimum of 0.5 acres of qualified useable open space is required to be provided as set forth in UDC 11-3A-3B. Based on the preliminary plat the applicant is proposing 0.44 acres which is 8.4% of the proposed development. With the ACHD requiring a 12 foot gravel access road across common Lot 26 Block 1, the useable open space will be further reduced. Depending on how it is designed, staff is concerned about how useable the open space will be; the drainage pond may not count towards the required 10% open space as set forth in the UDC. The drainage pond must comply with the storm-water integration standards as set forth in UDC 11-3B-11. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat as determined by staff (5 acres), staff recommends a minimum of 1 qualified EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 9 site amenity be provided. The applicant has not proposed a site amenity as set forth in UDC 11-3G-3C. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. The applicant is proposing to use City’s domestic water as irrigation, however as noted in UDC 11-3A-15.C, the applicant has not provided a waiver of requirements from the irrigation district of proof that they do not have water rights. Use of the City’s domestic water as irrigation shall be a last option in providing irrigation water to a proposed development. Building Elevations: The applicant is proposing a mix of attached and detached single- family homes. The applicant has submitted 5 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. Because homes on lots that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S. Milan Ave. and Ionia Court (such as lot 42, 14, 15, and 25 Block 1) will be highly visible; staff recommends that the side of any structure that faces the public street on these lots, incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In addition, the attached single-family homes will be subject to design review (see below.) Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In accord with the Findings contained in Exhibit D, Staff recommends denial of the proposed annexation and preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/15/15 07/15/2015) 3. Proposed Landscape Plan (dated: 05/27/15 07/15/2015) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary (REVISED) D. Required Findings from Unified Development Code EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 9 A. Drawings 1. Vicinity Map EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 10 2. Proposed Preliminary Plat (dated: 06/15/15 07/15/2015) EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 11 3. Proposed Landscape Plan (dated: 05/27/2015 07/15/2015) EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 13 4. Conceptual Building Elevations EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 14 EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 15 EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 16 EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 17 EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 18 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation 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 ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan (including the common open space; a covered picnic area and a pedestrian connection to the school on the west boundary) and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit A.4. The rear or sides of structures on lots that that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S. Milan Ave. and Ionia Court (Lots 14, 16, 25 and 44, Block 1) will be highly visible; these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.2 The preliminary plat, dated 07/15/15, is approved with the following changes: a. The applicant shall extend S. Milan Ave. to the south boundary of the preliminary plat unless the Commission and Council approve the use of the common driveway as shown. The ingress/egress easement across the Messina Village common lot shall be constructed as an emergency access as proposed. The applicant shall coordinate with the Tuscany Homeowner’s Association on the design of the access prior to the construction of the emergency access. b. Direct lot access shall be prohibited to S. Eagle Road in accord with UDC 11-3A-3. 1.1.3 07/15/15, is approved with the following changes: a. The fencing proposed along the west boundary of lots 21-25, and the east and south boundary of 27 and 28 shall be a 4-foot tall solid fence or a 6-foot tall open vision fence in accordance with UDC 11-3A-7. b. The applicant shall construct a 5-foot wide pathway to the school site across Lot 30, Block 1 as proposed. The applicant shall coordinate with the West Ada School District on the design and the location of pathway connection to the school property. c. The applicant shall construct a covered picnic area on common Lot 26, Block 1 as proposed. d. The drainage facility proposed on Lot 26, Block 1 shall comply with the standards listed in UDC 11-3B-11C. If sand is proposed for the bottom of the drainage facility, this area shall be removed from the open space calculations. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 19 1.1.4 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are required along both sides of E. Ionia Court and S. Milan Ave. and a 5-foot wide detached sidewalk is required along S. Eagle Rd. 1.1.5 Lots 18, 19, 21, 22, 23, 27, 28, 32, 33, 34, 35, Block 1 shall take access from common driveway as proposed AND Lots 7, 8, 9, 11, 12, 13, Block 1 if the Commission and Council approve the use of the shall take access from the common driveways as shown. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway. 1.1.6 The applicant shall obtain Certificate of Zoning Compliance and Design Review approval for all attached homes in the proposed subdivision. 1.1.7 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 20 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to connect to the existing 8-inch sewer main line is located within E. Rome Drive in Messina Village Subdivision No. 1. 2.1.2 Applicant shall be required to connect to the existing water main located in S. Milan Ave., and the main located within E. Rome Drive, thereby looping the water system into all available locations. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 21 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 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. 2.2.8 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. 2.2.9 Street signs are to be in place, sanitary sewer and 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. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 22 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 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. 2.2.18 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. 2.2.19 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 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. 2.2.20 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. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 23 3. POLICE DEPARTMENT 3.1 The Police Department has concerns that the ten foot space between the western boundary and the school has low visibility. They are also concerned that weeds will grow within that ten foot space and be a problem for code enforcement. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the curb for pickup. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48-feet of right-of-way from the centerline and construct a 5-foot wide sidewalk, 41-feet from centerline of Eagle Road. Eagle Road is in the CIP and compensation will be provided for the right-of-way. 7.1.2 Widen the pavement on Eagle Road to 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. 7.1.3 Extend Milan Avenue into the site as a 33-foot street section with curb, gutter, and a 5-foot wide sidewalk within 44-feet of right-of-way; terminating in a modified cul-de-sac with an inside turn radius of 26-feet. 7.1.4 Construct Ionia Court as a 33-foot street section with curb, gutter, and a 5-foot sidewalk within 44-feet of right-of-way; terminating in a snoopy turnaround with an inside turn radius of 26 feet. 7.1.5 Provide a 10 –foot wide easement and access road across the flag portion of Lot 26, Block 1 for an ACHD storm drain facility; and a note on the plat. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 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. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 24 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 25 C. Legal Description & Exhibit Map for Annexation Boundary (REVISED) EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 26 EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 27 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex 5.08 acres with an R-15 zoning district and develop 36 new single-family residential homes. The Council finds that the proposed map amendment does not comply with the provisions of the Comprehensive Plan. (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony provided when determining this finding. 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 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 of interest of the City (UDC 11-5B-3.E). The Council finds that annexing the proposed property is not in the best interest of the City if the applicant adheres to the recommended development agreement and the conditions of approval contained in Exhibit B of the staff report.in its current design because of the following reasons: 1. There is a surveying/ownership discrepancy between the deeds, the legal description supplied by the applicant, and the subdivision plat, which would create a County enclave on the west boundary of the proposed subdivision; and 2. The layout of the preliminary plat does not include the proper amount of useable open space, the use of common driveways could create a parking issue for the proposed development, there is no vehicular connectivity to Messina Village, and there is no pedestrian connectivity to Siena Elementary School. 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 Council finds that the proposed plat is not in substantial compliance with the adopted Comprehensive Plan. because of the lack of connectivity to the school and no useable open EXHIBIT A Sovi Subdivision AZ-15-007; PP-15-010 PAGE 28 space, the “no man’s” strip of land to the west of the proposed subdivision and the excessive use of common driveways. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the 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; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this s ite. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission and staff is unaware.