Twelve Oaks Center Sub H-2015-0025CITY OF MERIDIAN"� T T /, �T
FINDINGS OF FACT, CONCLUSIONS OF LAW Li j jlll V
AND DECISION & ORDER
In the Matter of the Request for a Short Plat Consisting of Four (4) Building Lots on 1.44 Acres of
Land in the C-C Zoning District for Twelve Oaks Subdivision, by Twelve Oakes, LLC.
Case No(s). H-2015-0025
For the City Council Hearing Date of. December 15, 2015 (Findings on December 22, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 15,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 15, 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 (I.C. §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 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
Community Development Department, 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 December 15, 2015, incorporated by reference. The conditions are concluded to
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0025 - 1 -
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 a short plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of December 15, 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 1-613-7A).
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 11-6B-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.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 1I -
6B -7C).
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.
F. Attached: Staff Report for the hearing date of December 15, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0025 - 2 -
By action of the City Council at its regular meeting held on the
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
ZZa day ofaa? ,
VOTED
+�--
VOTED
VOTED
VOTED
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tamed Weerd
Attest:
Jayce olman
City Clerk
City of
IDAHO
n�F SEAT.
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated:
City Clerk' Of e
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0025 - 3 -
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 1
STAFF REPORT
HEARING DATE: December15, 2015
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2015-0025 – Twelve Oaks Center Subdivision - SHP
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Twelve Oakes, LLC, has applied for a short plan (SHP) consisting of four (4) building
lots on 1.44 acres of land in the C-C zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed SHP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian City Council heard these items on December 15, 2015. At the public hearing, the
Council approved the subject SHP request.
a. Summary of City Council Public Hearing:
i. In favor: None
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Carl Porter, Applicant’s Representative (in agreement with staff
report)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2015-
0025 as presented in the staff report for the hearing date of December 15, 2015, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0025
as presented during the hearing on December 15, 2015, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number H-2015-0025 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the south side of W. Franklin Road, approximately ¼ mile west of S. Linder
Road, in the northeast ¼ of Section 14, Township 3 North, Range 1 West (Parcel #R8580480010)
B. Owner(s):
Twelve Oakes, LLC
P.O. Box 280
Eagle, ID 83616
C. Applicant:
Same as Owner
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 a short plat. A public hearing is required before the City Council on
this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: November 23, and December 7, 2015
C. Radius notices mailed to properties within 300 feet on: November 19, 2015
D. Applicant posted notice on site by: Posting is not required for a short plat application.
VI. STAFF ANALYSIS
The proposed short plat consists of 4 building lots on 1.44 acres of land in a C-C zoning district. The
proposed plat is a re-subdivision of Lot 1, Block 1 of Twelve Oaks Subdivision.
All lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11-
2B-3 for the C-C district and Table 11-2D-3 for the TN-R district, as applicable.
The street buffer and sidewalk along W. Franklin Road was previously constructed on this site;
however, additional trees are required to be added to the buffer in accord with the standards listed in
UDC 11-3B-7C. Existing landscaping within the buffer must remain protected during construction.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to
recommend approval as proposed.
VII. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Short Plat
3. Landscape Plan (dated: 8/14/15)
B. Agency Comments/Conditions of Approval
1. Planning Division
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 3
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 4
Exhibit A.1: Vicinity/Zoning Map
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EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 5
Exhibit A.2: Short Plat
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 6
Exhibit A.3: Landscape Plan (dated: 8/14/15)
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 7
Exhibit B: Agency Comments/Conditions of Approval
SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved preliminary plat, conditional use permit and final
plat (AZ-05-056, Development Agreement Inst. #106180812; MDA-13-008 (Amended
Development Agreement Inst. 113080081 & 113103818); and PFP-13-001) for this subdivision.
2. A cross-access/ingress-egress easement is required to be provided internally within the
subdivision as well as to the adjoining properties to the east (Parcel #R8956000010) and west
(Parcel #R8580480020). Said easements shall be depicted and/or noted on the face of the
recorded final plat in accord with the provisions of UDC 11-3A-3A2.
3. The short plat prepared by Sawtooth Land Surveying, stamped by Carl Porter, shall be revised as
follows prior to City Engineer signature on the final plat:
a. Note #6: Include recorded instrument number.
b. Note #8: Include the recorded instrument number.
c. Include the signature of the Professional Land Surveyor and the date signed.
d. The 25-foot wide landscape buffer along W. Franklin Road is required to be in a common lot
or on a permanent dedicated buffer, maintained by the property owner or business owners’
association in accord with UDC 11-3B-7C.2b.
4. The landscape plan prepared by The Land Group, dated 8/14/15 shall be revised as follows prior
to City Engineer signature on the final plat:
a. A minimum density of 1 tree per 35 linear feet is required within the street buffer along W.
Franklin Road in accord with UDC 11-3B-7C.3.
5. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s
approval of the short plat, the short plat shall become null and void unless a time extension is
obtained, per UDC 11-6B-7.
6. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
7. Prior to applying for building permits on any of the subject lots, the applicant shall obtain the
Planning Division’s approval of a Certificate of Zoning Compliance and Design Review
application. Future development shall be consistent with the design standards listed in UDC 11-
3A-19 and the guidelines contained in the City of Meridian Design Manual or any updated
versions thereof.
8. The existing landscaping within the street buffer along W. Franklin Road shall be protected
during construction.
9. Applicant shall be responsible for the extension of sanitary sewer and water mains to provide
service to the individual lots.
VIII. ONGOING CONDITIONS OF APPROVAL
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.
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 8
2. 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.
3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
4. 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.
IX. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. 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. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. 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.
7. 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, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing 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.
8. All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy, or as otherwise allowed by UDC 11-5C-1.
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 9
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-12-3H.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor’s work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of
Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of
existing street lighting.
19. 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.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 10
21. 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.
22. 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.
23. 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
development plan approval.
24. 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.
EXHIBIT A
Twelve Oaks Center Sub H-2015-0025 11
Exhibit C: Required Findings from Unified Development Code
In consideration of a short plat, the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan designates the future land use of this property as Mixed Use – Commercial
and Medium High Density Residential. The current zoning district of the site is C-C and TN-R. City
Council finds the proposed short plat complies with the Comprehensive Plan and the dimensional
standards in the UDC for the C-C district.
B. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds that public services are adequate to serve the site.
C. The plat is in conformance with scheduled public improvements in accord with the City’s
capital improvements program;
The City Council finds that the development will not require the expenditure of capital improvement
funds. All required utilities are being provided with the development of the property at the
developer’s expense.
D. There is public financial capability of supporting services for the proposed development;
The City Council finds that the development will not require major expenditures for providing
supporting services. The developer and/or future lot owner(s) will finance the extension of sewer,
water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the
future tenants will be fire and police services.
E. The development will not be detrimental to the public health, safety or general welfare; and
The City Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, the City Council does not believe that any additional amount generated will be
detrimental to the general welfare of the public in the surrounding area. The City Council finds that
the development of this site will not involve uses that will create nuisances that would be detrimental
to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
The City Council is not aware of any significant natural, scenic or historic features associated with the
development of this site.